Research › Search › Judgment

Patna High Court · body

2016 DIGILAW 613 (PAT)

Satyendra Narayan Choudhary v. State of Bihar

2016-05-13

NAVANITI PRASAD SINGH, NILU AGRAWAL

body2016
JUDGMENT : NAVANITI PRASAD SINGH, J. 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. 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. We have considered the mater 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 practice, the very purpose of Dak Bunglow is being frustrated. Dak Bunglows were established as a transit point for officials and officers of the State to be used in course of their official duty. They are strategically located in the towns and have large chunk of lands with it. The first thing, we would like to notice that it cannot be exploited as a commercial asset. It is to be used only for public purposes and public servants. It can be occupied only in transit and that too for short period. It cannot be rented out as a residence even for a temporary period upon payment of rent, otherwise it would then loose the character of Dak Bunglow and become permanent residences for various officers. We cannot approve the practice of letting out Dak Bunglows for private function or to private enterprises in contradiction to government or governmental works. No part of the land of the Dak Bunglows can be allowed to be used for its commercial exploitation. We cannot approve the practice of letting out Dak Bunglows for private function or to private enterprises in contradiction to government or governmental works. No part of the land of the Dak Bunglows can be allowed to be used for its commercial exploitation. For what purpose it has been transferred to the Zila Parishad, the Dak Bunglow is to be used as a Dak Bunglow. If the government wants to make any permanent office, then it would use its own lands or acquire lands or State Government may takeover lands in accordance with law as belonging to the Dak Bunglow and attached with it, but, surely the Zila Parishad cannot use the premises of Dak Bunglow for the purposes other than a transit accommodation for government officials on payment of nominal rent as it may fix. Sri D.K. Sinha, learned A.A.G.-2, states that the State has no quarrel with the aforesaid position. We, accordingly, order. Let State issue appropriate directions as guidelines to all the Zila Parishads in this regard so that the properties of the government are not misused by the Zila Parishad. With this observation and direction, this writ petition stands disposed of.