A PIL can only be filed by a person with genuine public interest and not for personal or motivated reasons.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19302 of 2021

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Braj Kishore Sharma, Son of Bhrigu Nandan Sharma, Permanent Resident of

Parampura, Khamhaini, Arwa, Bihar, Presently residing at Tej Pratap Nagar,

Near Beur, Anisabad, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Transport Department,

Government of Bihar, Patna.

2.

The State Transport Commissioner - cum- Chariman, State Transport

Authority, Bihar, Patna.

3.

Divisional Commissioner, Patna Division - cum- Chairman, R.T.A., Patna.

4.

District Magistrate, Patna.

5.

S.P. (Traffic), Patna.

6.

Bihar State Road Transport Corporation, Patna through its Administrator,

office situated at Sultan Palace, Bir Chand Patel Patha, Patna.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Ajay Kumar Jha, Advocate

For the Respondent/s

:

Mr. Ajay Kumar Rastogi, AAG10

======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

(The proceedings of the Court are being conducted by Hon’ble the Chief

Justice/Hon’ble Judges through Video Conferencing from their

residential offices/residences. Also the Advocates and the Staffs joined the

proceedings through Video Conferencing from their residences/offices.)

Date : 05-01-2022

Patna High Court CWJC No.19302 of 2021 dt.05-01-2022

2/4

Heard learned counsel for the parties.

Petitioner has prayed for the following relief/s :-

“To issue an appropriate writ, rule or

direction in the nature of Public Interest Litigation,

commanding and directing the respondents,

particularly Respondent No.6, the Bihar State Road

Transport Corporation, Patna (for short, herein after

referred as “Corporation”) to recall the Tender Notice

No. 2768 dated 22.09.2021 (Annexure-1) and stop to

open the bid in pursuance thereof, which was

published for inviting tender for operation of bus

service of about 434 buses on different Inter Regional

and Inter State route in which about 304 buses

proposed to be operated from Bankipur Bus Stand,

Gandhi Maidan, Patna under PPP scheme, which

causes serious health problems to the citizens of Patna

town and the Corporation is going to adversely pollute

Patna town and put great hurdle for making the Patna

in to a Smart City as also seriously causing traffic jam.

The petitioner further prays before this

Hon’ble Court to issue direction to the Respondent

No.2 and 3 not to consider any application of BSRTC

for grant of permit for operation of their buses from

Bankipur Bus Stand, Gandhi Maidan, Patna.

The petitioner also pray to grant some

other relief or reliefs to which the petitioners may be

found entitled to in the interest of justice.”

We find the present petition, if not motivated, to be

totally misconceived in law.

Patna High Court CWJC No.19302 of 2021 dt.05-01-2022

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Petitioner, who claims to be a “Public Spirited

Socio-Public Activist” has not disclosed his credentials or the

nature of public work which he has been carrying on so as to

qualifying himself as a “Public Spirited Socio-Political

Activist”.

We find the present petition to be misconceived and

motivated also for the reason that the petitioner wants the

public to suffer from the public facility i.e. public conveyance

for transportation. As such, he wants to recall the tender notice

dated 22^nd of September, 2021 (Annexure-1) issued by the

Respondent No. 6 providing facility of transportation by

deputing 434 buses on different inter-regional and inter-State

routes.

We could have understood, had the petitioner filed

a petition seeking identification of proper place or route that

would not congest the area of Municipal Corporation, Patna,

bu