IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18016 of 2010 RAJEEV KUMAR SINHA, son of Late Girija Pd. Sinha, Advocate, Table no.2, Civil Court Arrah, District- Bhojpur ......Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Bihar, Patna 2. The District Magistrate, Bhojpur at Arrah 3. The Principal Secretary, Urban Development Department, Government of Bihar, Patna 4. Secretary to Government, Public Complaint Cell of the Chief Secretary, Department of Cabinet Secretariat, Government of Bihar, Patna 5. The Sub-divisional Officer, Arrah 6. The Superintendent of Police, Bhojpur at Arrah .....Respondents ----------- 5 17-01-2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims to be a social activist and practicing advocate of Civil Court, Arrah. He has preferred this writ petition in public interest to seek appropriate orders for protecting land of a public field in Arrah known as Ramna Maidan. According to petitioner the said field is in use of the habitants of the town for health and sports purpose and the authorities are proposing to make constructions through different departments of the State on a part of the land being used as park. The main grievance of the petitioner is that recently in a Hindi daily on 10-2-2010 a news item was published to show that a plan was under consideration 2 for construction of a cultural-cum-entertainment centre at a cost of Rs. 5 crores on a part of Ramna Maidan. Petitioner has highlighted that in the past some constructions were made over Ramna Maidan which should not have been done and in future such construction should not be permitted. In the counter affidavit filed on behalf of the State, it has been stated that old structures are existing on a part of the land which is loosely described as Ramna Maidan but since it is a public land, in larger public interest schools and colleges were permitted to be operated from that land but the proposal to construct cultural-cum-entertainment centre was never finalized and in paragraph 17 of the counter affidavit it has been stated that Ramna Maidan was not found suitable for the purpose and the cultural centre is going to be constructed in the compound of Civil Surgeon, Bhojpur on the south of said Maidan. The main cause of action for preferring this writ petition was obviously a plan to construct cultural-cum-entertainment centre over the part of public land which is being used as public park. Now when the 3 plan has not been finalized and the proposed construction is going to be made somewhere else no cause of action exists. This writ petition is, therefore, disposed of in the light of statements made in the counter affidavit, particularly in paragraph 17 thereof. It is well settled principle of law that public parks are lungs for the citizens of the town and Government should not change their use lightly without having considered all the pros and cons. It is expected that this settled principle of law shall be kept in mind by the concerned authorities in future also. BKS/- (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)