Patna High Court

Onkar KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The petition is dismissed as it raises the same relief as the earlier decided case, invoking res judicata.

Summary

Onkar Kumar filed a civil writ petition challenging actions of the State of Bihar and several governmental bodies concerning a project. The State argued that an identical petition (C.W.J.C. No. 4079 of 2025) had already been decided, covering the same facts and relief sought. The Court examined the submissions and the record, finding the present petition to be substantially similar to the earlier case. Relying on the principle of res judicata, the Court held that no fresh adjudication was required. Consequently, the petition was disposed of, and any pending applications were also dismissed.

Issues considered

Whether the present writ petition is barred by the earlier decision in C.W.J.C. No. 4079 of 2025 on the ground of res judicata.

Subjects

civil writ jurisdiction
res judicata
environmental law
tourism project
high court

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1514 of 2026
     ======================================================
     Onkar Kumar S/o Sri Kamta Singh, R/o Village- Kazi Daulatpur, P.S.-
     Belaganj, District- Gaya. At present residing at MIG 128, Hanuman Nagar,
     behind Panitanki, Kankarbag, P.S.- Patrakarnagar, District- Patna.

                                                              ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through its Additional Chief Secretary, Department of
     Tourism, Govt. of Bihar, Patna.
2.   The Additional Chief Secretary, Department of Environment and Forest,
     Govt. of Bihar, Patna.
3.   Bihar Rajya Pul Nirman Nigam Ltd., through its Managing Director having
     its registered office at 7, Sardar Patel Marge, Patna, Bihar.
4.   Archeological Survey of India, New Delhi, through its Directro, Block No-
     703, Loknayak Jai Prakash Bhawan, Frezer Road, Patna.
5.   Ministry of Environment, Forest and Climate Change, Govt. of India
     through its Secretary having office at Indra Pariyaveran Bhawan, Jorbagh,
     New Delhi.
6.   The State Environment Impact Assessment Authority, Patna, Bihar, through
     its Member Secretary having office at 2nd Floor BELTRON, Baldev
     Bhawan Road, Shastri Nagar, Patna.
7.   Damodar Ropeway and Infra Ltd., through its MD having its registered
     office at 1/A Vansittart Row, Damodar House, Kolkata, West Bengal.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Rajeev Kumar Singh, Advocate
                                   Mr. Gyanendra Kumar Diwakar, Advocate
     For the State          :      Mr. P.K. Shahi, A.G.
     For the U.O.I.         :      Dr. K.N. Singh, A.S.G.
     For the S.E.I.A.A.     :      Mr. Kumar Ravish, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)
     Date : 23-02-2026
                   Heard Mr. Rajeev Kumar Singh, learned counsel

      for the petitioner, through video conferencing, as well as learned

      counsel appearing on behalf of the Respondents and the learned

      counsel for the State.
             Patna High Court CWJC No.1514 of 2026 dt.23-02-2026
                                                        2/2




                                       2. Learned counsel for the State submits that in

                      C.W.J.C. No. 4079 of 2025, an identical prayer arising out of

                      similar facts has already been considered and disposed of by this

                      Court. It is contended that the issue raised in the present writ

                      petition is squarely covered by the said order and, therefore, no

                      further adjudication is required.

                                       3. Having considered the submissions of the

                      parties and upon perusal of the record, this Court finds that the

                      relief sought in the present writ petition is similar to that in the

                      aforesaid case. In view of the same, the present writ petition

                      stands disposed of.

                                       4. Pending application(s), if any, shall also stand

                      disposed of.




                                           (Sangam Kumar Sahoo, CJ)


                                                  (Harish Kumar, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date          24.02.2026
Transmission Date

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