SUDHIR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- The petitioners seem to be vying with another person (who though named in the writ petition, has not been impleaded as a party in this case) over the location of the building to accommodate Asarganj police station. And, describing it to be in public interest, this writ petition has been filed seeking a direction from this Court, in exercise of its powers under Article 226 of the Constitution, requiring the concerned State officials to set up the police station at the location favoured by the petitioners after completing the construction of the building over the land donated by the petitioners for the purpose.

(2.) It is the case of the petitioners that by two deeds dated 12-4-1984 and 10-5-1988 petitioner No. 1 and the predecessors of petitioner No. 2 donated 1.46 1/2 acres of land situate at Ladauwa. More by the side Sultanganj Deoghar road. It is further the case of the petitioners that the Supdt. of Police, Munger who was in office at that time selected the site for construction of the building for Asarganj Police station. A site-plan was accordingly prepared and after due sanction the construction of the police station building was started there. Later on, however, after the structure was completed up to lintel level (see the photograph at Annexure 8), a certain Gautam Das of village Asarganj made a gift of 2.5 acres of land in favour of the Governor of Bihar under a registered deed of gift, dated 14-12-1998. It is alleged that under the influence of the aforementioned Gautam Das the construction work of the building was stopped at the petitioners site and on a request made by the Chief Engineer, Bihar Police Building Construction Corporation, a re-inspection was made of the petitioner's site and the new site offered by Gautam Das and on that basis the District Magistrate and the Supdt. of Police, Munger submitted a report, dated 9-2-1999 making a recommendation for setting up the police station at the new site. In the report, a copy whereof is at Annexure 3, it is stated that the petitioner's site was at a distance of about 1 K.M. from Asarganj Bazar where the police station was presently lodged. It was further stated that the petitioners land which was earlier ... ... (sic) Officer was not sufficient in area for construction of the residential accommodation for the police officials and it also fell short of the standard fixed by the State Government. On the other hand, an area of 2.5 acres provided by the local people of the Asarganj Bazar came up to the standard laid down by the State Government and on that site there was sufficient land for construction of the residential quarters for the police officials. It was further stated that setting up the police station at the Bazar would afford better security and protection to the residents of the Bazar, traders, trading organisations and the banks situate there. It was also stated that adjacent to Asarganj Bazar was Masoomganj etc. which was considered a den of criminals and setting up the police station there would afford a firm control over those criminals. It was accordingly recommended that the police station be set up on the site at Asarganj Bazar and a police out post be put up on the petitioner's site.

(3.) According to the petitioners, the report submitted by the District Magistrate and the Supdt. of Police, Munger was false and collusive. It is stated on behalf of the petitioners that even after the submission of this report, the construction work on their site was resumed for a short while but it was finally stopped when the Chief Engineer of the Corporation by his letter, dated 19-5-1999 informed the Executive Engineer of the Corporation that the Director General of Police had given his approval for construction of the building of Asarganj police station on the new site at Asarganj Bazar and directed him to take up the construction work on the new site.