- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a Division Bench of the Patna High Court disposing the writ petition filed by the respondent No.1 styled as a "Public Interest Litigation". The order gave certain directions and nullifying certain allotments of land made in favour of respondent No.5. In the writ petition action of the State Government of Bihar in granting appellant through its Director Prakash Jha land pieces in the Industrial areas in Patna, Hajipur, Muzaffarpur, Sitamarhi and Buxar. The writ petitioner alleged that the said Prakash Jha, Director of present appellant who was respondent No.5 in the writ petition was given land in return of services rendered by him to help the present Chief Minister to win last assembly elections. It was alleged that the action of the Government amounted to doling out valuable State property as largess at throw away prices for political considerations.
(3.) The writ petition was filed, and was claimed to be, in public interest. The respondent described himself as the Chief Spokesperson of the Indian National Congress, a recognized political party. His 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 was 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 said Prakash Jha are political persons, it is not surprising that the pleadings are heavy with political invectives.;