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Patna High Court
Sadan Chandra vs The State Of Bihar on 19 January, 2026
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3530 of 2025
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Sadan Chandra Son of Bisheshwar Prasad Resident of Ward no.08, Nagar
Prishad, Jhanjharpur, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Principal Secretary, Urban Development and Housing Department,
Government of Bihar, Patna.
3. The Secretary, Road Construction Department, Government of Bihar, Patna.
4. The District Magistrate, Madhubani.
5. The Executive Engineer, Road Construction Department, Road Division,
Jhajharpur, District-Madhubani
6. The Sub Divisional Magistrate, Jhanjharpur, District Madhubani
7. The Circle Officer, Jhanjharpur, District Madhubani
8. The Nagar Parishad, Jharjharpur through its Executive Officer, Jhanjharpur,
District- Madhubani.
9. The Chairman, Nagar Parishad, Jhanjharpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat, Advocate
For the State : Mr. Vikash Kumar AC to AG
For the R No. 8 & 9 : Mr. Manoj Kumar, Advocate
Mr. Raj Narayan Mishra, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 19-01-2026
This writ petition in the nature of Public Interest
Litigation has been filed seeking for following reliefs:-
"That this writ application in the form of
Public Interest Litigation (P.I.L.) is being filed by the
petitioner in the representative capacity of the
residents of the Nagar Parishad, Jhanjharpur for
issuance of an appropriate writ or direction in the
nature of mandamus commanding the Nagar Parishad,
Patna High Court CWJC No.3530 of 2025 dt.19-01-2026
2/4
Jhanjharpur (Respondent No.8) to refrain from
making construction of market complex on public
road running from Mohna N.H.27, Thana Chowk to
the Saw Mill of Jugal Shah, which is the lifeline of the
local residents of the Jhanjharpur Nagar Parishad, and
for any other relief or reliefs for which the petitioner is
entitled under the law."
2. Counter affidavit has been filed by respondent no. 8
Nagar Parishad, Jhanjharpur through the Executive Officer,
wherein, in paragraph nos. 4 to 13, it is stated as follows:-
"4. That on 25/02/2019, the Deputy
Secretary, Urban Development and Housing
Department, sent a letter vide letter no. 1265 to the
Executive Officer, Nagar Parishad, Siwan regarding
raising point according to the provision of Bihar
Minicipal Corporation Act, 2007 and advising the
Municipal bodies to construct market complex on
their own to increase their resources and receive
money by renting or selling shops in market
complex. The municipal body in itself is capable of
constructing market complex by taking the decision
of its board.
5. That on 1/08/2024, the Executive officer,
Nagar Parishad, Jhanjharpur sent a letter vide letter
no. 867 to additional Director, Urban Development
and Housing Department seeking guidance as to
whether the market complex can be constructed
using the internal resources or not, in the light of
proposal no. 35 of the empowered standing
committee meeting of Nagra Parishad, Janjgarpur
held on 13/07/2024.
6. That on 06.08.2024 the Executive officer
Jhanjharpur has sent a letter to SDO Jhanjharpur for
demand the police force removal the encroachment
from ward No-3& 4 from Ram Chowk to Thana
Chowk and Thana Chowk to west post office Chowk
on the said road several persons have encroached the
road and construct permanent encroachment on road.
7. That on 08.08.2024 vide letter no-512 the
SDO Jhanjharpur has passed the order to remove the
encroachment on road and date has been fixed on
10.08.2024
for removal of encroachment and letter
Patna High Court CWJC No.3530 of 2025 dt.19-01-2026
has been sent to the concern authority.
8. That on 28.10.2024 vide letter no-32 the
Ass.Enginer Road Construction Depart. Jhanjharpur
sent a letter to Executive officer Jhanjharpur for stop
the work on the construction which has been made
on the border of Road Construction Depart.
Jhanjharpur.
9. That on 30.10.2024 the J.E Nagar
Parishad, Jhanjharpur sent a letter to the Executive
officer Jhanjharpur regarding the work is going on
outside the R.C.D Road.
10. That 13.11.2024 vide letter no -1310 the
Executive officer Jhanjharpur has sent a letter to C.O
Jhanjharpur and C.O Jhanjharpur has sent a letter to
Executive officer Jhanjharpur on 20.11.2024 vide
letter no-1513 and mention the Khasra no- 3628 (old)
4704 (new) of the plots for measurement of the place
regarding the work is going on outside the R.C.D
Road or not by Amin and clear it.
11. That on 16.11.2024 the Amin Jhanjharpur
has sent a letter to C.O Jhanjharpur with map
regarding the work is going on outside the Khasra
no- 3628 (old) 4704 (new) of the plots of the R.C.D
Road.
12. That the meeting was held in between
Shopkeeper of footpath & Bhakapa Male and made
compromise between them to allot the shops to
Shopkeeper of footpath and the letter has already
sent to SDO Jhanjharpur and also letter has been sent
to DM Madhbani by Executive officer Jhanjharpur.
13. That with regard to the statement made in
Paragraph is not require to construct the market on
road because the said road is in the market and most
busy road and the said road is not very wide road for
construction of Market is false and fit to be dismissed
as per annexures of the Counter Affidavit."
3. On going through the counter affidavit, it is
apparent that the averments taken in the writ petition that
construction of market complex is going on, on the public
road running from Mohna NH-27, Thana Chowk to the Saw
Patna High Court CWJC No.3530 of 2025 dt.19-01-2026
Mill of Jugal Sah is not correct.
4. Learned counsel appearing for the petitioner
submits that whatever has been stated by the respondent no. 8
in his counter affidavit is factually not correct.
5. Since in the writ jurisdiction, this Court is not to
adjudicate the disputed question of fact, we are not inclined to
go into such aspect.
6. It is open to the petitioner to seek appropriate
remedy in accordance with law.
7. Accordingly, the writ petition stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Mohit Kumar Shah, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.01.2026
Transmission Date NA
