[Cites 6, Cited by 0]
Patna High Court
Vedaratna Vidyalaya Gurukul, ... vs The Union Of India on 18 March, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3829 of 2026
======================================================
1. Vedaratna Vidyalaya Gurukul, Mukhyalaya - Harinarayan Bhawan
Kusumpur/ Mustafapur, PO and PS Khagaul, District Patna, PIN-801105
(Bihar), through its Sanchalak-Adhyaksh (Honorary Director and President)
Krishna Ballabha Sharma @ Pandit Krishna Ballabha Sharma Yogiraj
(Advocate Patna High Court, BSBC Enrollment Number 317/1991
AUIN/AOR Number 00311), in person.
2. Sanatan Dharmasabha, Mukhyalaya Harinarayan Bhawan, Kusumpur/
Mustafapur, PO and PS Khagaul, District Patna, PIN. 801105 (Bihar),
through its Sanchalak-Adhyaksh (Honorary Director and President) Krishna
Ballabha Sharma @ Pandit Krishna Ballabha Sharma Yogiraj (Advocate -
Patna High Court, BSBC Enrollment Number 317/1991 AUIN/AOR
Number 00311), in person.
3. Deshbhakt Dharmasabha, Mukhyalaya Harinarayan Bhawan, Kusumpur/
Mustafapur, PO and PS Khagaul, District Patna, PIN-801105 (Bihar),
through its Sanchalak-Adhyaksh (Honorary Director and President) Krishna
Ballabha Sharma @ Pandit Krishna Ballabha Sharma Yogiraj (Advocate
Patna High Court, BSBC Enrollment Number 317/1991 AUIN/AOR
Number 00311), in person.
4. Krishna Foundation, (Trust Registration Number 2385/432/ CD-5/2008/
PATNA) Mukhyalaya Harinarayan Bhawan, Kusumpur/Mustafapur, PO and
PS Khagaul, District Patna, PIN-801105 (Bihar), through its Sanchalak-
Adhyaksh (Honorary Director and President) Krishna Ballabha Sharma @
Pandit Krishna Ballabha Sharma Yogiraj (Advocate - Patna High Court,
BSBC Enrollment Number 317/1991 AUIN/AOR Number 00311), in
person.
5. Krishna Ballabha Sharma @ Pandit Krishna Ballabha Sharma Yogiraj, S/o
Braja Ballabha Sharma @ Pandit Braja Ballabha Sharma Brajaraj, R/o
Harinarayan Bhawan, Kusumpur/ Mustafapur, PO and PS Khagaul, District
Patna, PIN-801105 in the State of Bihar, (Advocate Patna High Court,
BSBC Enrollment Number 317/1991 AUIN/AOR Number 00311), in
person.
6. Mahendra Prasad, S/o Late Kapildeo Sharma, R/o Maurya Vihar, Road
Number 3, PO Khagaul, PS Phulwari Sharif, District Patna, PIN Code
801105 (Bihar), Former Bhudan Worker Karyalaya Mantri, Zila Bhudan
Karyalaya (Disrict Bhudan Office) Bhojpur/ Ara under Bihar Bhudan
Yagnya Committee, associated with Renowned Bhudan Andolan initiated by
Acharya Binova Bhave.
7. Dipa Kumari @ Dipa Mishra, student, S/o Manoj Kumar Mishra, R/o Bare
ki Gali, PS Chawk Patna City, District Patna.
8. Rashtriya Navanirman Parishad, (Registered under Societies Registration
Act, 1860 bearing Registration No- 283/ 1995-96) Mukhyalaya Harinarayan
Bhawan, Kusumpur/ Mustafapur, PO and PS Khagaul, District Patna, PIN-
801105 (Bihar), through its Sanchalak-Adhyaksh (Honorary Director and
President) Krishna Ballabha Sharma @ Pandit Krishna Ballabha Sharma
Yogiraj (Advocate - Patna High Court, BSBC Enrollment Number 317/1991
AUIN/AOR Number 00311), in person.
Patna High Court CWJC No.3829 of 2026 dt.18-03-2026
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... ... Petitioner/s
Versus
1. The Union of India through the Secretary to the Government of India,
Ministry of Law and Justice, New Delhi.
2. The Presidents Secretariat, Rashtrapati Bhawan, New Delhi, through its
Secretary.
3. The Prime Ministers Office (PMO), New Delhi, through the Secretary to the
Prime Ministers office of India.
4. The Supreme Court of India, New Delhi, through its Registrar
General/Secretary General.
5. The High Court of Judicature at Patna, through its Registrar General.
6. The Secretary to the Government of India, Ministry of Home Affairs, New
Delhi.
7. The Secretary to the Government of India, Ministry of Law and Justice, New
Delhi.
8. The Secretary to the Government of India, Ministry of Education/Human
Resource Development/ HRD Ministry, New Delhi.
9. The Secretary to the Government of India, Ministry of Defense, New Delhi.
10. The Secretary to the Government of India, Ministry of Parliamentary
Affairs, New Delhi.
11. The State of Bihar, through its Chief Secretary.
12. The Chief Secretary to the Government of Bihar, Patna.
13. The Additional Chief Secretary to the Government of Bihar, Department of
Home, Patna.
14. The Additional Chief Secretary to the Government of Bihar, Department of
Law and Justice, Patna.
15. The Additional Chief Secretary to the Government of Bihar, Department of
Education, Patna.
16. The Additional Chief Secretary to the Government of Bihar, Department
Revenue and Land Reforms, Patna.
17. The Chairman, Revenue Board, Department of Revenue and Land Reforms,
Old Secretariat Building, Patna-cum-Chairman, Bihar Bhudan Yagya
Committee, Patna.
18. The Director General of Police, Bihar, Patna.
19. The Director, Education, Patna.
20. The District Magistrate, Patna.
21. The District Registrar, District Registry Office, Patna.
22. The District Court of District and Sessions Judge, Patna and Court of all
Additional District and Sessions Judge and Sub-Judges and Courts of Chief
Judicial Magistrate and all Additional Chief Judicial Magistrates and Munsif
Magistrate all Judicial Magistrates of the District Court of Patna, through its
Registrar.
Patna High Court CWJC No.3829 of 2026 dt.18-03-2026
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23. The Sub-Divisional Court of Additional District and Sessions Judge,
Danapur and Court of all Additional District and Sessions Judges and Sub-
Judges and Courts of Sub-Divisional Judicial Magistrate, Danapur and all
Additional Chief Judicial Magistrates and Munsif Magistrate all Judicial
Magistrates of the Sub-Divisional Civil Court, Danapur in the District Court
of Patna, through its Registrar/Sub-Registrar.
24. The Sub-Divisional Court of Additional District and Sessions Judge, Patna
City and Court of all Additional District and Sessions Judge and Sub-Judges
and Courts of Sub-Divisional Judicial Magistrate, Patna City and all
Additional Chief Judicial Magistrates and Munsif Magistrate all Judicial
Magistrates of the Sub-Divisional Civil Court, Patna City in the District
Court of Patna, through its Registrar/Sub-Registrar.
25. The Sub-Divisional Court of Additional District and Sessions Judge,
Masaurhi and Court of all Additional District and Sessions Judges and Sub-
Judges and Courts of Sub-Divisional Judicial Magistrate, Masaurhi and all
Additional Chief Judicial Magistrates and Munsif Magistrate all Judicial
Magistrates of the Sub-Divisional Civil Court, Masaurhi in the District
Court of Patna, through its Registrar/Sub-Registrar.
26. The Sub-Divisional Magistrate, Patna Sadar, District Patna.
27. The Sub-Divisional Magistrate, Danapur, District Patna.
28. The Sub-Divisional Magistrate, Barh, District Patna.
29. The Sub-Divisional Magistrate, Patna City, District Patna.
30. The Sub-Divisional Magistrate, Masaurhi, District Patna.
31. The Deputy Collector, Land Reforms DCLR, Patna Sadar, District Patna.
32. The Deputy Collector, Land Reforms DCLR, Danapur, District Patna.
33. The Deputy Collector, Land Reforms DCLR, Patna City, District Patna.
34. The Deputy Collector Land Reforms DCLR, Masaurhi, District Patna.
35. The Deputy Collector Land Reforms DCLR, Barh, District Patna.
36. The Sub Divisional Police Officer/SDPO, Danapur, District Patna.
37. The Sub Divisional Police Officer/SDPO, Patna City, District Patna.
38. The Sub Divisional Police Officer/SDPO, Masaurhi, District Patna.
39. The Sub Divisional Police Officer SDPO, Barh, District Patna.
40. The Sub Divisional Police Officer SDPO, Phulwari Sharif, District Patna.
41. The Anchaladhikari/Circle Officer/CO, Patna Sadar, District Patna.
42. The Anchaladhikari/Circle Officer/CO, Danapur, District Patna.
43. The Anchaladhikari/Circle Officer/CO, Masaurhi, District Patna.
44. The Anchaladhikari/Circle Officer/CO, Patna City, District Patna.
45. The Anchaladhikari/Circle Officer/CO, Barh, District Patna.
46. The Senior Superintendent of Police, Patna.
47. The SSP (Rural) Patna, District Patna.
48. The City SP, Patna West, District Patna.
Patna High Court CWJC No.3829 of 2026 dt.18-03-2026
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49. The City SP, Patna East, District Patna.
50. The District Superintendent of Education, Patna.
51. The Inspector of Schools, Patna.
52. The SHO/ Station House Officer/ Thana Adhyaksh, Bihta Police Station,
Bihta, District Patna.
53. The SHO/ Station House Officer/Thana Adhyaksh, Maner Police Station,
Maner, District Patna.
54. The SHO/ Station House Officer/Thana Adhyaksh, Naubatpur Police
Station, District Patna.
55. The SHO/ Station House Officer/Thana Adhyaksh, Masaurhi Police Station,
Masaurhi, District Patna.
56. The SHO/ Station House Officer/Thana Adhyaksh, Paliganj Police Station,
Danapur, District Patna.
57. The SHO/ Station House Officer/Thana Adhyaksh, Chawk Police Station,
Patna City, District Patna.
58. The SHO/ Station House Officer/Thana Adhyaksh, Barh Police Station,
Barh, District Patna.
59. The SHO/ Station House Officer/Thana Adhyaksh, Fatuha Police Station,
Fatuha, District Patna.
60. The SHO/ Station House Officer/Thana Adhyaksh, Kotwali Police Station,
District Patna.
61. The SHO/ Station House Officer/Thana Adhyaksh, Patna Sadar, Police
Station, District Patna.
62. The SHO/ Station House Officer/Thana Adhyaksh, Kankarbagh Police
Station, Kankarbagh, District Patna.
63. The SHO/ Station House Officer/Thana Adhyaksh, Shatrinagar Police
Station, Shastrinagar, District Patna.
64. The SHO/ Station House Officer/Thana Adhyaksh, Pataliputra Police
Station, Pataliputra, District Patna.
65. The SHO/ Station House Officer/Thana Adhyaksh, Shri Krishnapuri Police
Station, Shri Krishnapuri, District Patna.
66. The SHO/ Station House Officer/Thana Adhyaksh, Gardanibagh Police
Station, Gardanibagh, District Patna.
67. The SHO/ Station House Officer/Thana Adhyaksh, Sampatchak Police
Station, Khagaul, District Patna.
68. The SHO/ Station House Officer/Thana Adhyaksh, Phulwari Sharif Police
Station, Khagaul, District Patna.
69. The SHO/ Station House Officer/Thana Adhyaksh, Danapur Police Station,
Danapur, District Patna.
70. The SHO/ Station House Officer/Thana Adhyaksh, Hawai Adda Police
Station, District Patna.
71. The SHO/ Station House Officer/Thana Adhyaksh, Khagaul Police Station,
Khagaul, District Patna.
Patna High Court CWJC No.3829 of 2026 dt.18-03-2026
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... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Ballabha Sharma, Advocate
For the State : Mr. P. K. Shahi, Advocate General
For the Union of India : Mr. Chandan Kumar Singh, CGC
For the Resp. Nos. : Mr. Ashhar Mustafa, Advocate
5, 22, 23, 24 & 25 : Mr. Anita Kumari, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-03-2026
Heard learned counsel for the petitioners and
learned Advocate for the Union of India, State and the Patna
High Court.
2. The petitioners have preferred the present writ
petition by giving it the nomenclature of Public Interest
Litigation seeking issuance of writ in the nature of mandamus
upon the respondents, inter alia, establishment of "RULE OF
JUSTICE" in the entire territory of India as Sovereign Function
and Bounden Duty of the State as explained in the Preamble and
in Part III of the Constitution of India and defined in the
Guidelines for Justice published and circulated nationwide by
the petitioners, Vedaratna Vidyalaya Gurukul and as contained
in Guideline for Justice adopted by the Full Court Meeting of
the Supreme Court of India on 07.05.1997, as contained in
Annexure-P/1 and P/2 to the writ petition.
Patna High Court CWJC No.3829 of 2026 dt.18-03-2026
3. This Court is appalled to see the reliefs sought
for in the present writ petition, which stretches in number of
pages, however, without disclosing any material necessary facts
and law to sustain the writ petition. Litigant approaching the
Court particularly under Article 226 of the Constitution of India
are expertise to act with high standard of responsibility,
diligence and responsibility. Suffice it to observe that for
issuance of a writ of mandamus, there must be a legal right in
favour of the incumbent, who prayed for the same and
corresponding duty upon the authorities, who failed to discharge
such legal duty. There is no whisper in the entire writ petition as
to under which Act and the Rule, the petitioners have been
assigned with such rights and for enforcement of which they
have approached this Court.
4. Any person, who comes to the Court for relief in
public interest must come not only with clean hands like any
other writ petitioner but also with a clean heart, clean mind and
clean objective. The Hon'ble Supreme Court time and again has
cautioned that the course of justice should not be allowed to be
obstructed or polluted by unscrupulous litigants by resorting to
the extraordinary jurisdiction.
5. A person acting bona fide and having sufficient
Patna High Court CWJC No.3829 of 2026 dt.18-03-2026
interest in the proceeding of PIL will alone have a locus standi
and can approach the Court to wipe out the tears of the poor and
needy, suffering from violation of their fundamental rights and
genuine extraction of statutory provisions, but not a person for
personal gain or private profit or political motive or any oblique
consideration. These aspects were aptly highlighted by the
Hon'ble Supreme Court in the case of Janata Dal Vs. H.S.
Chowdhary and Ors., reported in (1992) 4 SCC 305.
6. In the case of Dattaraj Nathuji Thaware Vs.
State of Maharashtra, reported in, (2005) 1 SCC 590, the
Hon'ble Apex Court has underscored the sanctity of Public
Interest Litigation by observing as follows:
12. Public interest litigation
is a weapon which has to be used with
great care and circumspection and the
judiciary has to be extremely careful to
see that behind the beautiful veil of public
interest, an ugly private malice, vested
interest and/or publicity-seeking is not
lurking. It is to be used as an effective
weapon in the armoury of law for
delivering social justice to citizens. The
attractive brand name of public interest
litigation should not be used for
suspicious products of mischief. It should
be aimed at redressal of genuine public
Patna High Court CWJC No.3829 of 2026 dt.18-03-2026
wrong or public injury and not be
publicity-oriented or founded on personal
vendetta. As indicated above, court must
be careful to see that a body of persons or
member of the public, who approaches the
court is acting bona fide and not for
personal gain or private motive or
political motivation or other oblique
considerations. The court must not allow
its process to be abused for oblique
considerations by masked phantoms who
monitor at times from behind. Some
persons with vested interest indulge in the
pastime of meddling with judicial process
either by force of habit or from improper
motives, and try to bargain for a good
deal as well as to enrich themselves. Often
they are actuated by a desire to win
notoriety or cheap popularity. The
petitions of such busybodies deserve to be
thrown out by rejection at the threshold,
and in appropriate cases with exemplary
costs.
xxx xxx xxx
14. The court has to be
satisfied about (a) the credentials of the
applicant; (b) the prima facie correctness
or nature of information given by him; (c)
the information being not vague and
Patna High Court CWJC No.3829 of 2026 dt.18-03-2026
indefinite. The information should show
gravity and seriousness involved. Court
has to strike a balance between two
conflicting interests : (i) nobody should be
allowed to indulge in wild and reckless
allegations besmirching the character of
others; and (ii) avoidance of public
mischief and to avoid mischievous
petitions seeking to assail, for oblique
motives, justifiable executive actions. In
such case, however, the court cannot
afford to be liberal. It has to be extremely
careful to see that under the guise of
redressing a public grievance, it does not
encroach upon the sphere reserved by the
Constitution to the executive and the
legislature. The court has to act ruthlessly
while dealing with impostors and
busybodies or meddlesome interlopers
impersonating as public-spirited holy
men. They masquerade as crusaders of
justice. They pretend to act in the name of
pro bono publico, though they have no
interest of the public or even of their own
to protect.
7. In the case of State of Maharashtra Vs. Prabhu
reported in (1994) 2 SCC 481 and A. P. State Financial Corpn.
Vs. GAR Re-Rolling Mills, reported in, (1994) 2 SCC 647, the
Hon'ble Supreme Court has emphasized that the Courts must do
Patna High Court CWJC No.3829 of 2026 dt.18-03-2026
justice by promotion of good faith, and prevent law from crafty
invasions. The Courts must maintain the social balance by
interfering where necessary for the sake of justice and refuse to
interfere where it is against the social interest and public good.
8. In view of the nature of the reliefs prayed for, the
decisions noted hereinabove, as also the successive mandates on
the issue of importance and sanctity of Public Interest
Litigation, this Court at inception was of the opinion to impose a
heavy cost upon the petitioners. However, taking lenient view
dismissed the writ petition with a caution that in future, the
petitioners shall not venture to prefer such kind of frivolous
petitions and consume the precious time of the Court, delaying
justice for genuine cases.
9. The writ petition stands dismissed.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.03.2026
Transmission Date NA
