The Patna High Court has imposed a cost of Rs 5,000 on the petitioner and dismissed a Public Interest Litigation (PIL) alleging the respondents have misused government funds by constructing a Samudayik Bhawan on a road and also on private land.
A counter-affidavit has been filed by the respondents, wherein it has been clearly stated that the subject building was constructed with Jamabandi in Mauza Sihpur. Twenty per cent of the land belongs to the Government being Gair Majarua land and 75 per cent belongs to the private respondent and his four brothers.
It is also submitted that 2.88 decimals of land was purchased from a private respondent and his four brothers while the eldest brother donated land in favour of the State Government.
No one appeared before the Court for the petitioner consistently on the earlier two occasions. On September 18 also, no one appeared for the petitioner when the matter was called in the list and then kept aside for hearing.
“The writ petition stands dismissed with cost of Rs 5,000 as against the writ petitioner for filing a frivolous petition without proper inquiry. The cost shall be payable to the Bihar State Legal Services Authority. The said amount will have to be paid within a period of two weeks, failing which the Bihar State Legal Services Authority will be entitled to proceed for recovery by taking measures similar to recovery of arrears due on land through the District Magistrate, in which event the petitioner shall also be liable for the charges incurred for making such recovery, which have to be recovered by the State,” the Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy ordered.
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