Citation : 2026 Latest Caselaw 645 Patna
Judgement Date : 26 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2117 of 2026
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Kamlesh Paswan, Son of Bali Paswan, Resident of Village- Ram Nagar, P.O.-
Aurangabad, P.S.- Muffasil, District- Aurangabad.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Urban Development Department, Bihar, Patna.
3. The District Magistrate, Aurangabad, Bihar.
4. The Executive Officer, Nagar Parishad, Aurangabad, Bihar.
5. The Superintending Engineer, Urban Development, Circle-Magadh,
Aurangabad.
6. The Executive Engineer, Nagar Parishad, Aurangabad.
7. The Junior Engineer, Nagar Parishad, Aurangabad.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Tiwary, Advocate
For the Respondent/s : Mr. Government Pleader (05)
For the Nagar Parishad : Mr. Surendra Prasad Singh, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 26-02-2026
Mr. Surendra Prasad Singh, learned counsel appears
on behalf of Nagar Parishad, Aurangabad and he submits that he
has received the copy of the writ petition.
2. The writ petition has been filed by the petitioner
Kamlesh Paswan in the nature of Public Interest Litigation for
following reliefs:
Patna High Court CWJC No.2117 of 2026 dt.26-02-2026
"(a) Issuance of writ in the nature of certiorari for quashing/ set aside the report dated 15.02.2024 submitted by Executive Engineer, Nagar Parishad, Aurangabad regarding construction of Road of 18 feet and Severage of 3 feet x 4 feet of Ward no. 2 Karma Road in front of clinic of Om Prakash to Lata Bhawan.
(b) Issuance of writ in the nature of mandamus commanding the respondents to construct the 18 feet road and 3 feet x 4 feet sewerage to any other widen road or place where local people will not be harassed during the construction period.
(c) The Respondents further be directed not to disturb the local people being a schedule caste villagers who had left their own land for small Gali of 08-10 feet width."
3. After hearing the learned counsel for both the
parties, we are of the view that the grievance as has been raised
is fundamentally a matter of private interest than a genuine
concern for the public at large. It is important that the project of
public importance, such as road widening to improve traffic
flow, proper sewerage and safety, should not be halted, as
stalling them causes greater harm to the community level.
Patna High Court CWJC No.2117 of 2026 dt.26-02-2026
However, if the petitioner has any bonafide grievance, he may
approach the Executive Engineer, Nagar Parishad, Aurangabad
for seeking appropriate remedy or agitating any alternative
remedy in accordance with law.
4. Accordingly, the writ petition stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J) uday/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 27.02.2026 Transmission Date NA
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