IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.3991 of 1987 ====================================================== Council For Protection of Public Rights and Welfare through its General Secretary Sri Mahendra Pd. Gupta, Advocate, Chamber No.11, Bar Council Building, Patna High Court, Patna. .... .... Petitioner Versus 1. The State of Bihar. 2. The District Magistrate-cum-Collector, Patna. 3. The Bihar State Housing Board, Patna through its Managing Director 4. Sri Bindeshari Dubey, Chief Minister of State of Bihar 5. The Secretary, Housing Department, Government of Bihar, Patna. 6. The Secretary, Urban Development Department, Government of Bihar, Patna. 7. The Vice-Chairman, Patna Regional Development Authority, Patna. 8. Sri Mukhtiar Singh, Collector, Patna. 9. The Senior Superintendent of Police, Patna. 10. The City, Superintendent of Police, Patna. 11. Sri Balbir Chand, the then Senior Superintendent of Police, Patna. 12. The Officer-in-Charge, Digha Police Station, Patna. .... .... Respondents ====================================================== WITH MISCELLANEOUS JURISDICTION CASE No.86 of 1995 ====================================================== In the matter of Suo Motu Contempt against Sri Ramesh Abhishek, the Ex- D.M., Patna and Shri R.D. Suberno, Senior S.P., Patna. By order passed in C.W.J.C. No. 3991 of 1987 ====================================================== Appearance : For the Petitioner : None For the State : Mr. S. Reza Ahmad, AAG-IX Patna High Court CWJC No.3991 of 1987 dt.12-07-2011 2 / 3 2 For the Respondent No.3: Mr. Rajiv Nayan Singh, Advocate with Mr. Prakash Shekhar Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT Date : 12th July 2011 (Per: HONOURABLE THE CHIEF JUSTICE) This petition under Article 226 of the Constitution is filed by Shri Mahendra Pd. Gupta, a practising advocate of this Court, in public interest. The grievance was in respect of around 1000 acres of lands of Digha acquired for the purpose of housing project by the Bihar State Housing Board. According to the petitioner, major part of the lands acquired for the purpose were misused and encroached upon in collusion with the officers of the Housing Board and the erstwhile owners of the land. The genuine applicants have not been allotted the land as assured. Whereas, the land developers have encroached upon the lands and have profiteered to a huge extent. Following the present petition, several individual applicants had approached this Court for redressal of their grievance in respect of allotment of a plot of land/a house/a flat under the said housing project. All those individual writ petitions have been decided by us on 21st, 22nd and 23rd June 2011 on respective merits. Though this petition is pending for quite long time, in spite of our order dated 22nd June 2011 made on this petition, today none of the advocates except the learned advocates appearing for the State Government and the Housing Board is present before us. The Housing Board has filed counter affidavit to bring forth the recent development in the matter. The Board has relied upon the Government Notification dated 26th April 2010. Under the said Notification the State Patna High Court CWJC No.3991 of 1987 dt.12-07-2011 3 / 3 3 Government has enacted the Digha Acquired Land Regularisation Act, 2010. In the submission of the learned advocate Mr. Rajiv Nayan Singh appearing for the Housing Board and Mr. S. Reza Ahmad appearing for the State of Bihar, in view of the aforesaid Act of 2010 the irregular occupants have been regularized on certain terms and conditions. The present petition filed in public interest litigation has, therefore, lost its efficacy. It is apparent, since the decision in the writ petitions filed by the individual applicants, the petitioner has lost interest in this petition. Further, in view of the aforesaid development no further order is required to be made on this petition. For the aforesaid reasons, the present petition and M.J.C. No. 86 of 1995 arising out of this writ petition are disposed of. We clarify that this order shall not be treated as bar for redressal of any grievance by an individual applicant or allottee or occupant of the land/a house/a flat under the said housing project at Digha. Patna High Court 12th July 2011 NAFR/Pawan Kumar/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)