SATYENDRA NARAYAN CHOUDHARY, S/O SHRI SURENDRA NARAYAN CHOUDHARY, R/O AT HOSPITAL ROAD, NAUGACHIA, P.S. Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) This Public Interest Litigation was initiated to safeguard public properties and, in specific Dak Bunglows, which are situated in various towns in the State of Bihar. The allegation, which is not unfounded, is that the Zila Parishad in whom the Dak Bunglow now vests are renting it out as residences, though fortunately, to Government, Governmental bodies or Government Offices.

(2.) The submission of the petitioner is that historically Dak Bunglows were established by State as a point for transit, stay of officials and messengers connected with the official work. After the 73rd and 74th Constitutional Amendment, giving Constitutional status to Municipal Corporation, Municipality, Zila Parishads etc. as local self-government, State took a decision to transfer the control and management of the Dak Bunglows to the concerned Zila Parishad. It is pointed out by the petitioner that in this case Naugachia Zila Parishad rented out the Dak Bunglow to State officers as residence, which is not the purpose for which Dak Bunglows can be used, even though those officials were required to pay rent to the Zila Parishad.

(3.) We have considered the matter and perused the counter affidavits. To us, it appears that there is no confusion amongst the parties with regard to the intent and to the transfer to Zila Parishad or the use by it of the Dak Bunglows, but, in practise, the very purpose of Dak Bunglow is being frustrated.