Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The court held that there is no element of public interest litigation and the construction of the veterinary hospital on government land is justified, dismissing the petition.
Summary
Petitioner Pramod Kumar filed a writ petition under Articles 226 and 227 seeking demolition of a First Class Veterinary Hospital allegedly constructed on land belonging to the Minor Irrigation Department. The respondents, including the State of Bihar and the Bihar State Building Construction Corporation, contended that the hospital was built on public (Gair Mazarua) land, serves the interests of farmers and cattle rearers, and that no encroachment of irrigation facilities occurred. The court examined the nature of the land, the purpose of the construction, and whether the case qualified as a public interest litigation. It held that the hospital’s construction is justified, there is no violation of public rights, and the petition does not raise a public interest issue. Accordingly, the writ petition was dismissed.
Issues considered
- Whether the petition qualifies as a public interest litigation under Articles 226 and 227 of the Constitution.
- Whether the construction of the veterinary hospital on the disputed land constitutes illegal encroachment of Minor Irrigation Department property.
- Whether the court has jurisdiction to order demolition of a government building on public land.
Subjects
- Public Interest Litigation
- Writ jurisdiction
- Veterinary Hospital
- Government land
- Minor Irrigation Department
- Encroachment
- Constitutional law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17840 of 2025
======================================================
Pramod Kumar Son of Shri Ramraj Singh, Resident of Ward no.10, Vill.-
Alipur, Gram Panchayat Kurkuri, P.S.- Buer, P.O.- Nisarpura, District- Patna,
Bihar- 804453.
... ... Petitioner/s
Versus
1. The State of Bihar represented through the Chief Secretary, Government of
Bihar, New Secretariat, Patna.
2. The District Magistrate, District Patna, Bihar.
3. The S.D.O., Sub-Division- Patna Sadar, Patna, Bihar.
4. The Circle Officer, Block- Phulwari, Patna, Bihar.
5. The Secretary, Minor Irrigation, Patna, Bihar.
6. The Director, Animal Husbandry Department, Patna, Bihar.
7. The Secretary, Bihar State Building Construction Corporation Limited,
Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yash Roohan
For the State : Mr. Ravish Chandra,
AC to SC-11
For BSBCCL : Mr. KumarAbhimanyu Pratap, APP
Ms. Rushali, Advocate
Ms. Sakshi Singh, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-01-2026
This Public Interest Litigation has been filed by the
petitioner Pramod Kumar seeking for following relief:-
“1. That the present public interest litigation
is at the instance of the petitioner a resident
of this State of Bihar, under the provisions of
Articles 226 and 227 of the Constitution of
India, 1950, in exercise of the extraordinary
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discretionary writ jurisdiction of this
Honorable Court, through which the
petitioner has sought for a direction upon the
Respondents to deconstruct or demolish the
First Class Veterinary Hospital on rest land
at the middle of the passage of Ahar Pyne on
the land of the Minor Irrigation Department
having khata number 166, Rakwa 55D and
Thana number 90 which is also an Aam
Gairmajarua Land. The said construction
was done with help of the Bhawan Nirman
Department.”
2. Counter affidavit has been filed by the Joint
Director, Animal Husbandry Department, Patna, Bihar in which
it is stated as follows:-
“6.That from perusal of records it emanates
that present Public Interest litigation is for
demolition of constructed First Class
Veterinary Hospital situated in Village Alipur
Gram Panchayat- Kurkuri, P.S. Beur, P.O-
Nisarpura, Dist.- Patna. This Veterinary
Hospital has been constructed in the same
Campus adjacent to old structure of
Veterinary Hospital in larger interest of the
people, farmers and cattle rearers of Village
Alipur, Gram Panchayat-Kurkuri, P.S. Beur,
P.O- Nisarpura, Dist.-Patna. This Veterinary
Hospital has been constructed on
Government/Public Land. The Petitioners
has annexed an order of the Office of District
Magistrate, Patna which had been
communicated to all concerned vide memo
no. 4643 dated 11.11.2024 (Annexure P/S of
the writ application at pg. 33-34). From
perusal of this letter it transpires that for the
purpose of construction of aforesaid First
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class Veterinary Hospital an encroachment
removal drive was ordered. This order of the
Office of District Magistrate, Patna itself
validates the construction of aforesaid First
class Veterinary Hospital. Concern of the
petitioner of this writ petition is that land in
question is of Minor Irrigation Department.
But, there is nothing on record which
confirms that any Irrigational Construction
has been disturbed or demolished before the
construction of this First class veterinary
Hospital. Moreover, only on the basis of
claim of petitioner of this writ petition that in
Cadastral Survey Records that part of the
land is of Minor Irrigation Department is not
tenable. It is worth mentioning here that in
the course of time the nature of land changes
and accordingly, the use also changes.
10. That, in this case the construction of a
First Class Veterinary Hospital is ongoing at
the same site where it was earlier
operational and thus there is no change in
the situs.
11. That it is in the larger public interest and
taking into consideration the interest of
farmers/animal keepers and others, the
hospital is being constructed by the State
Government.”
3. Another counter affidavit has been filed on behalf
of Respondent No. 5 by the Chief Engineer, M.W.R.D., Patna in
which, in paragraph nos. 7, 8 and 9, it is stated as follows:-
“7. That it is stated that Aahar, Payne, Ponds
etc. are natural resources of irrigation and
the Minor Water Resources Department
carries out renovation and cleaning work of
Aahar, Payne, Ponds etc. through its field
Patna High Court CWJC No.17840 of 2025 dt.22-01-2026
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engineers so that adequate irrigation facility
could be extended to a larger agricultural
area of the State. However the land of Aahar,
Payne, Ponds ete. is Gair Mazarua land
(public land) which belongs to the Revenue
and Land Reforms Department, Govt. of
Bihar and monitored by the Collector of the
district through Circle Officer of the
concerned Circle. The Revenue and Land
Reforms Department, Govt. of Bihar issued a
circular in this regard vide resolution
contained in memo no. 139 dated 13.05.2006.
8. That it is stated further that the petitioner
earlier approached the Sub Divisional Public
Grievance Redressal Officer, Patna for the
same relief and having been received notice
from the said officer, the Executive Engineer,
Minor Irrigation Division, Patna called for
report from the Sub Divisional Officer, Minor
Irrigation Subdivision, Patna Sadar vide
letter no. 3639 dated 31.12.2024. The Sub
Divisional Officer submitted report vide letter
no. 07 dated 08.01.2025 stating that a Govt.
Veterinary Hospital is being constructed over
the land in question for which 'no objection'
has not been issued by his office. However the
local villagers informed during course of
local inspection that the Circle Officer,
Phulwarisharif (Patna) has made available
the land for construction of hospital building
after measurement and demarcation of land.
9. That it is stated further that the Executive
Engineer, Minor Irrigation Division, Patna
forwarded the aforesaid report to the Sub
Divisional Public Grievance Redressal
Officer, Patna vide letter no. 95 dated
11.01.2025 for information and needful.”
4. Learned counsel for the State has placed
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Annexure Nos. 10 and 11 and submits that this litigation is not a
public interest litigation but it is a personal interest litigation and
the Veterinary Hospital, which has been constructed, is adjacent
to the old structure and since it would subserve the purpose of
the people, the farmers, the cattle rearers of number of villages
and it has been constructed on the Government land, merely
because a part of a patch of the Government land has been used
by the family of the petitioner for their access to their house,
under no stretch of imagination it cannot be said that the public
interest is flouted in any manner. Law is well settled that public
interest litigation is to address the violation of public rights,
human rights and governance and judicial overreach into the
executive/legislative domain should not be made and careful
scrutiny is to be made to prevent frivolous filing of the cases.
Public interest litigation is not a publicity interest litigation, a
personal interest litigation or a political interest litigation and
the core idea of the public interest litigation is to provide a voice
to the voiceless and ensure violations of the constitutional and
the legal rights of the marginalized do not go unaddressed but it
is required to act with great care and circumspection.
5. In view of the available material on record,
particularly the counter affidavit filed by the respondents, we
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find that there is no element of public interest litigation involved
in this case. The construction of the Veterinary Hospital on the
Government land is quite justified. Therefore, the writ petition
stands dismissed.
(Sangam Kumar Sahoo, CJ)
shailendra/- ( Mohit Kumar Shah, J)
AFR/NAFR
CAV DATE
Uploading Date 24.01.2026
Transmission Date
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