No Public Interest Is Discernible: Patna HC Junks Plea Seeking Construction Of Civil Court In Shahpur Patori

Update: 2023-06-12 13:00 GMT

The Patna High Court has dismissed a petition in limine which had sought directions to construct the Civil Court Building, in Shahpur Patori (Samastipur district) on the agricultural farmland, as no public interest was discernible and for lacking bona fide.

“In any event, we are not convinced there could be any such claim made in public interest, especially when the High Court is in seisin of the infrastructure needs of the District Courts”, observed a bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy in the matter.

Advocate Ajay Kumar Singh appeared for the petitioner, and AAG S. D. Yadav appeared for the respondent.

The petitioner also sought to set aside the proposal of Circle Officer and to implement any other proposal beneficial to the people of Shahpur Patori.

The bench noting the process of approving and sanctioning an area for building construction for the purpose of establishment of courts stated:

“The land for construction of court complexes are first identified by the local inspection conducted by the District Judge and the District Magistrate upon which a proposal is sent either to the Law Department or to the High Court. The Infrastructure Committee of Judges appointed in the High Court then considers the proposal and then with appropriate consultation with the Law Department and the Building Construction Department approves the identification of the plot and building construction for the purpose of establishment of Courts”.

Thus the bench while highlighting that the petition was in form of a questionnaire seeking information, observed that “We are afraid that there is no public interest discernible from the aforesaid prayers made which is almost in the nature of seeking information for which there are adequate remedies available under the Right to Information Act, 2005”.

Cause Title: Rajesh Kumar Singh v. State of Bihar through Chief Secretary

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