The Patna High Court dismissed a Public Interest Litigation (PIL) to save the Congress Maidan, Kadamkuan, Patna from encroachments, specially a sump house being constructed by the State Government.
The Petitioner claimed to be the convener of a Samiti called the “Congress Maidan Bachao Samiti” situated at Kadamkuan, Patna.
According to the Petitioner , the said Maidan has the statue of late Babu Anugrah Narayan Singh and the property itself was donated by the said person to the Bihar Pradesh Congress Committee. It is admitted that Jamabandi has been opened in the name of the President, Bihar Pradesh Congress Committee, Sadakat Ashram, Patna, as J.W. No. 399.
The petitioner claimed that on the eastern corner of the Congress Maidan, there is a pump house and on the western corner, Bihar Urban Infrastructure Development Corporation (BUIDCO) has constructed a temporary sump house, which is now attempted to be made a permanent structure. A representation is said to have been made to the Municipal Commissioner, Patna as well as the Managing Director, BUIDCO against the proposed encroachment.
Admittedly, the Congress Maidan belongs to the Bihar Pradesh Congress Committee, in whose name the Jamabandi has also been created in the revenue records. The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad was unable to perceive any public interest being agitated specially when the property is in private ownership.
While observing that it is for the owner in whose name Jamabandi has been created to fight against any encroachment the High Court dismissed the petition, leaving open the remedy to the admitted owner to pursue before the appropriate forum, if it is so desired.
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