Advocates:
N. ANNAPOORANIBRAJ KISHORE MISHRA

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CASE NO.:

Appeal (civil) 5671 of 2007

PETITIONER:

Holicow Pictures Pvt.Ltd.

RESPONDENT:

Prem Chandra Mishra & Ors.

DATE OF JUDGMENT: 06/12/2007

BENCH:

DR. ARIJIT PASAYAT & P . SATHASIVAM

JUDGMENT:

JUDGMENT

DR. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of

the Patna High Court disposing the writ petition filed by the respondent

No.1 styled as a "Public Interest Litigation". The order gave certain

directions and nullifying certain allotments of land made in favour of

respondent No.5. In the writ petition action of the State Government of

Bihar in granting appellant through its Director Prakash Jha land pieces in

the Industrial areas in Patna, Hajipur, Muzaffarpur, Sitamarhi and Buxar.

The writ petitioner alleged that the said Prakash Jha, Director of present

appellant who was respondent No.5 in the writ petition was given land in

return of services rendered by him to help the present Chief Minister to

win last assembly elections. It was alleged that the action of the

Government amounted to doling out valuable State property as largess at

throw away prices for political considerations.

3. The writ petition was filed, and was claimed to be, in public interest.

The respondent described himself as the Chief Spokesperson of the Indian

National Congress, a recognized political party. His party contested the

previous election in alliance with the party that was in power at that

time. The alliance got worsted in the election and Congress party was

returned as a poor fourth. Respondent no.5 is a private limited company; it

is represented through a person who is well-known as a film-maker but who

also takes part in electoral politics. In the supplementary affidavit filed

by the petitioner, it was stated that Prakash Jha had fought the 2004 Lok

Sabha Election from the Bettiah Lok Sabha Constituency. It is further

stated that in. the last assembly election held in October-November, 2005

though not a candidate himself, he addressed public meetings jointly with

the present Chief Minister in various parts of the State. As both the

petitioner and said Prakash Jha are political persons, it is not surprising

that the pleadings are heavy with political invectives.

4. In the writ petition, it was stated that the Bihar Industrial Area

Development Authority (hereinafter referred to as "the Authority") has

given large areas of land at various places to respondent no.5 at throwaway

prices. It was further stated that allotments of land were made to

respondent no.5 without issuing any notice, inviting competitive bids, and

the land areas were granted to respondent no.5 at very cheap rates without

following the established norms and procedure. According to him the market

value of the said land plosts was much higher. For instance, in Patliputra

Industrial Area, Patna one acre land was given to respondent no.5 for

Rs.14,65,000.00. This piece of land should have fetched the State about

rupees five crores if allotments were to be made on the basis of

competitive bidding. It was also stated that in a blatant show of favour,

respondent no.5 was also given the Authority’s Office building along with

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the land in Patliputra Industrial Area. The favour was crowned by putting a

very low value for the building. It was also alleged that the action of the

State Government/Authority in granting to respondent no.5 land at different

places was an act of malafide and called for institution of criminal cases

against the concerned people and an investigation by the Central Bureau of

Investigation.

5. The writ petition, in brief, made three allegations. (i) land plots were

given to respondent no.5 at different places in the. State without issuing

any notice, inviting bids and at value far below the market price of those

land plots, (ii) the allotment -was made without following any norms or

proce