Vijay Kumar vs The State Of Bihar
2025 Latest Caselaw 2047 Patna

Patna High Court

Vijay Kumar vs The State Of Bihar on 28 February, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.16090 of 2024
     ======================================================
     Vijay Kumar Son of Bhagwan Lal Sah Resident of Ward No.8, Kanhauli, P.S.-
     Sadar, District- Sitamarhi.

                                                               ... ... Petitioner/s
                                        Versus
1.   The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, Department of Revenue and Land Reforms,
     Government of Bihar, Patna.
3.   The Collector, Sitamarhi.
4.   The Sub Divisional Officer, Sitamarhi Sadar, Sitamarhi.
5.   The Circle Officer, Sonversha Circle, District- Sitamarhi.
6.   The Superintendent of Police, District Police Headquarter District-
     Sitamarhi.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr. Arvnendra Kumar Thakur, Advocate
     For the Respondent/s   :         Mr. P.K Shahi, Advocate General
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                            and
             HONOURABLE MR. JUSTICE PARTHA SARTHY
                     ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 28-02-2025

The petitioner is aggrieved by the decision of the

Zila Parishad in constructing an additional

crematorium/burning ground when one was already

existing in the village.

2. The objection is two fold, viz., that it is in the

middle of the village whereas a burning ground is always

located in the outskirts of the village in question and that Patna High Court CWJC No.16090 of 2024 dt.28-02-2025

the better policy would have been to refurbish the old

crematorium rather than having a new crematorium,

which decision is based on no inputs of the number of

deaths in the locality, necessitating an additional

crematorium.

3. It appears that a decision was taken by the

Zila Parishad to have a burning ground/crematorium on

its own land.

4. There is no rule prohibiting more than one

burning ghat/crematorium in an area.

5. The petitioner has not been able to show any

cause for any interference in the matter. The only

objection of the petitioner, worth noting, is that the

location of such new burning ghat/crematorium is not

appropriate and that it should be located outside the

boundary of the populace.

6. There could be different notion about it.

7. Death takes place only in the populace and,

therefore, an easily accessible burning ghat would only be Patna High Court CWJC No.16090 of 2024 dt.28-02-2025

more convenient for the people at large.

8. In any view of the matter, finding no fault

with the creation of the crematorium/burning ghat and

that also an additional one, we dismiss this petition as

being meritless.

                                                    (Ashutosh Kumar, ACJ)


                                                         (Partha Sarthy, J)
Shiv/Rajesh
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          03.03.2025
Transmission Date