Patna High Court Dismisses PIL Alleging Encroachment At Congress Maidan, Says Bihar Pradesh Congress Committee Can Approach Appropriate Forum

Observing that it is for the Bihar Pradesh Congress Committee to fight against any encroachment of Congress Maidan, the Patna High Court has dismissed a public interest litigation filed by the Congress Maidan Bachao Samiti in this regard. 

The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad noted that admittedly, the Congress Maidan belongs to the Bihar Pradesh Congress Committee, in whose name the Jamabandi has also been created in the revenue records.

"We are unable to perceive any public interest being agitated specially when the property is in private ownership. It is for the owner in whose name Jamabandi has been created to fight against any encroachment and we see no reason to entertain the instant writ petition," said the court.

The petition alleged that the Bihar Urban Infrastructure Development Corporation (BUIDCO) was encroaching upon the land owned by the Bihar Pradesh Congress Committee by constructing a sump house. 

The court was told that land was donated to Bihar Congress by Late Babu Anugrah Narayan Singh, Freedom Fighter and the First Deputy Chief Minister and Finance Minister of Bihar. 

"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," the petitioner told the court.

Dismissing the petition, the court said the admitted owner can pursue the remedy before the appropriate forum. 

Case Title: Congress Maidan Bachao Samiti vs. State of Bihar & Ors. Civil Writ Jurisdiction Case No. 5255 of 2023

Appearance:

For the Petitioner/s : Ms.Shally Kumari, Advocate

For the Respondent/s : Mr.Vinay Kirti Singh, GA 2

For the PMC : Mr. Sanjay Prakash Verma, Advocate

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