Thursday, February 29, 2024

Patna High Court closes PIL seeking steps for maintenance of Moinul Haq Stadium

The Patna High Court closed a  Public Interest Litigation (PIL) filed by the party-in-person  to take appropriate steps for maintenance of Moinul Haq Stadium, Patna and all sports complex (stadium) in other districts under the State of Bihar .
The petitioner pointing out one of the stadiums in Patna has sought for blanket directions insofar as every stadium within the State of Bihar even without basic enquiry as to which are the stadiums he requires to be maintained.   

Though the petitioner claims that he has been termed as a ‘whistle blower’ by this Hon’ble Court, we are not happy with the irresponsible manner in which the writ petition has been filed also based on paper reports without conducting any enquiry and the failure to bring before this Court the essential facts for invocation of the extraordinary writ jurisdiction, the  Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy observed.

“We are unable to grant any blanket directions as has been prayed for by the petitioner. Insofar as the Stadium named in the writ petition, the Deputy Director, Youth Welfare Bihar, Patna has filed an affidavit in which it is stated that there is an attempt initiated to finalize a Memorandum of Understanding (MoU) with the Bihar Cricket Association (BCA) for allotment of Moinual Haq Stadium to the BCA on lease for its development.”

It is also stated that various options are being examined for developing the Stadium since it involves huge financial expenditure and the State is unable to spend money for the same as on date. A scheme termed as ‘Mukhya Mantri Khel Vikash Yojna’ is also implemented by which there is a proposal to establish a stadium in all the Districts in Bihar. It has also been stated that necessary instructions have been issued for the continuous supervision and speedy implementation of   the construction work.

In a supplementary counter affidavit filed by the respondent no.2 (The Principal Secretary, Art, Culture and Youth Department)   it has also been stated that the proposal for handing over the Stadium on lease has proceeded further and the Bihar Cricket Association also has agreed to a lease of thirty years. The letter of the Bihar Cricket Association is also produced  along with the counter affidavit which letter is dated 14.05.2018. In fact, later to this, the petitioner was directed to implead Bihar Cricket Association through its Chairman which was not done.  

The PIL served its purpose and in such circumstances, the Bench found no reason to keep it pending further.


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