PREM CHANDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This writ petition questions the action of the State Government in granting to respondent No. 5 (M/s Holi Cow Pictures Pvt. Limited through its Director Prakash Jha) lands in the industrial areas in Patna Hajipur, Muzaffarpur, Sitamarhi and Buxar. The petitioner alleges that respondent No. 5 was given lands in return of services Page 0557 rendered by the aforesaid Prakash Jha to help the Chief Minister win the last Assembly elections. The action of the Government amounted to doling out valuable State property as largess at throwaway prices for political considerations.

(2.) THE writ petition is filed, claiming it to be, in public interest. THE petitioner describes himself as the Chief Spokesperson of the Indian National Congress, a recognized political party. THE petitioner's 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 is 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 respondent No. 5 are political persons, it is not surprising that the pleadings are heavy with political invectives.

(3.) THE writ petition, in brief, makes three allegations. (i) lands 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 lands, (ii) the allotment was made without following any norms or procedure and (iii) the action of the State Government caused heavy loss to the State; the action was based on political considerations and it was, therefore, malafide.