Patna High Court
Devendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the petition does not constitute a public interest litigation and therefore must be dismissed.
Summary
The petitioners filed a public interest litigation seeking various writs to quash an order that handed over possession of LIG Park land to a private individual, alleging the cancellation of the allotment was valid and the possession was illegal. The court examined whether the petition truly raised a public interest issue or was a private grievance. It observed that the relief sought pertained to a specific private dispute and that the petitioners had adequate legal remedies available. Citing the Supreme Court's caution against misuse of PILs, the court concluded that the petition did not meet the criteria of a public interest litigation. Consequently, the petition was dismissed, with the court directing the petitioners to pursue appropriate remedies under the law.
Issues considered
- Whether the writ petition qualifies as a public interest litigation
- Whether the court has jurisdiction to entertain the petition
- Whether the petitioners have an alternative remedy under law
Subjects
- public interest litigation
- PIL
- land possession
- state housing board
- court jurisdiction
- illegal allotment
- natural justice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3604 of 2026
======================================================
1. Devendra Kumar Son of Late Ram Prasad, Resident of LIG, H Flat No. 43,
Kankarbagh Colony, Kankarbagh Auto Stand, P.S. Kankarbagh, District-
Patna.
2. Ravindra Kumar, Son of Jagdish Narayan, Resident of LIG H-40, P.O. Lohia
Nagar, P.S. Kankarbagh, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Government of Bihar, Patna.
2. The Collector, Patna.
3. The Managing Director, Bihar State Housing Board Bihar Patna, Mangals
Road near Old Secretariat Patna.
4. The Executive Engineer, Bihar State Housing Board Bihar, Patna.
5. The Assistant Engineering Housing Board, Mangals Road Near Old
Secretariat, Patna.
6. The Manager Estate, Bihar State Housing Board, Patna.
7. Sri Ram Chandra Prasad Singh, Son of Late Maha Prasad Singh, Resident of
Flat No. 406, Vijay Aman Apartment Kankarbagh Main Road, P.S.
Kankarbagh, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Debesh Kumar Poddar, Advocate
For the Respondent/s : Mr. Standing Counsel-28
For the Housing Board : Dr. Anand Kumar, Advocate
Mr. Vijeta Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 18-03-2026 Heard the learned Advocate for the petitioner and the
learned Advocate for the State.
2. The instant public interest litigation has been filed
for the following reliefs:-
“i. To issue an appropriate writ / order /
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direction to the respondent concerned for
obeying the order and direction of this
Hon'ble Court.
ii. For quashing of order dated
09.04.2025 issued by Executive Engineer,
Housing Board, whereby physical possession
of LIG Park Land from Eastern side has
been handed over to Respondent No. 7,
whose allotment of Plot made by the
Housing Board vide allotment No. 7961
dated 30.10.1981 had already been
cancelled by the State Government vide
Gazette Notification No. 1320 dated
04.08.1993 issued by Additional Secretary,
Government of Bihar, Patna and that order
has never been challenged by Respondent
No. 7 before the Hon'ble High Court, Patna
and the aforesaid cancellation order stands
as legal and valid till date and as such the
physical possession of the Park Land given
to Respondent No. 7 is illegal arbitrary,
malafide and against all norms of law and
against the principles of natural justice.
iii. To hold by this Hon'ble Court
that the order contained in Gazette
Notification No. 1320 dated 04.09.1993
issued by Additional Secretary, Government
of Binar duly signed by the Hon'ble
Governor of Bihar has not been challenged
by Respondent No. 7 before the Hon'ble
High Court, hence the said cancellation
order stands legal and valid till date.
iv. For holding by this Hon'ble
Court that the order dated 05.10.1988
passed by this Hon'ble Court filed by the
Respondent No. 7 in CWJC No. 2800/1988
has no concern with the allotment No. 7961
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dated 30.10.1981 and the Hon'ble High
Court has not passed any order regarding
Allotment No. 7961 dated 30.10.1981 which
has been cancelled vide Gazette Notification
No. 1320 dated 04.08.1993.
v. To hold by this Hon'ble Court
that handing over physical possession of the
park land to Respondent No. 7 is
unauthorized, illegal, arbitrary and malafide
and the Executive Engineer, Housing Board
has no legal right to by-pass the order of
cancellation of the State Government
contained in Gazette Notification No. 1320
dated 04.08.1993.
vi. To hold by this Hon'ble Court
that as per list of parks issued by the Bihar
State Housing Board wherein, the name of
LIG Park, Lohiya Nagar under Ward No. 34
of Patna Municipal Corporation near Patna,
Kankarbagh Tempo Stand is already
established and the area shown by the
Housing Board is 560 feet long from East to
West and 42 feet wide from North to South,
may be freed from the portion which has
been under unauthorized occupation of
Respondent No. 7 since 09.04.2025.
vii. To hold by this Hon'ble Court
that the park land cannot be allotted to any
private individual depriving the fundamental
right of the citizen of the locality who had
been enjoying the benefit of park known as
LIG Park since 1960-61 till date.
viii. To holding by this Hon'ble
Court that the demolition of the boundary
wall, grills, iron gates by the Housing Board
through the Executive and Assistant
Engineer with the illegal help of Police
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Force is illegal, arbitrary and malafide.
ix. For direction by this Hon'ble
Court to the Chief Secretary, Government of
Bihar to take legal action against the
malafide act and arbitrary and unauthorized
order dated 09.04.2025 issued by the
authorities Bihar State Housing Board,
Patna.
x. For grant any other relief/reliefs
for which the petitioners are entitled to.”
3. Considering the nature of the relief sought for in
the present writ petition, this Court does not find any element of
public interest, rather prima facie it appears to be a private
litigation, moreover, petitioner has appropriate remedy available
under the law.
4. The Hon’ble Apex Court has an umpteen number of
times cautioned that care has to be taken to see that a PIL
essentially remains one filed in public interest and is not
allowed to degenerate into becoming political interest litigation
or private inquisitiveness litigation. In Public Interest Litigation,
misuse comes in various forms; publicity, private interest,
political rivalry or other oblique reasons can be a motive for its
misuse.
5. In view of the aforesaid facts, this Court does not
find any reason or occasion to entertain the Public Interest
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Litigation, accordingly the same stands dismissed; however the
petitioner shall be at liberty to avail the remedy available under
the law.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
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