GAURI SHANKER PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri P.K. Shahi, learned senior counsel for the appellants and Shri Rakesh Ranjan for the State.

(2.) This appeal arises out of an interim direction given by the learned Single Judge for proceeding with the construction of an Industrial Training Unit for imparting training to youths under Kaushal Vikas Mission. The Training-cum- Hostel Building was proposed to be constructed over the land in question that was acquired way back in the year 1979 for the purpose of establishing the District Industry Centre. However, the said Centre came to be established at a different place and the land was lying vacant. The petition was filed with a clear contention that firstly the change of purpose and its utilization after the enforcement of the 2013 Act could not have been initiated, more so, when there was an additional factor namely deficit in payment of the full compensation for which pleadings were brought on record.

(3.) It is the contention of the learned counsel for the appellants that the writ prayed for was for a mandamus in which affidavits were exchanged and instead of either allowing or dismissing the writ petition the learned Single Judge proceeded to ensure that the constructions are raised over the land in dispute. It is urged that it is here that the learned Single Judge exceeded in jurisdiction, inasmuch as, the writ petition was for a private cause of action and was not a Public Interest Litigation. Without there being any adjudication on the merits of the case, it is urged that there was no occasion for issuing directions for proceeding with the construction of the Training-cum-Hospital Building over the land in question.