Patna High Court
Sarwar FaizversusThe Union of India
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner sought a writ of mandamus directing the Union of India, the Ministry of Road Transport and Highways, the State of Bihar and related officials to refrain from widening National Highway 82 in a manner that would disturb a Kabristan (graveyard) situated on the proposed alignment, and to follow the procedures under the National Highways Act, 1956. The petition also invoked constitutional provisions protecting religious interests. No counsel appeared on behalf of the petitioner, and the petitioner failed to appear at the hearing on 20-01-2026 (and earlier on 04-04-2025). The Court observed that the petitioner had lost interest in the case. Consequently, the writ petition was dismissed for non‑prosecution.
Issues considered
- Whether the respondents are required to refrain from widening NH 82 that would affect the Kabristan as per the petitioner's claim.
- Whether the land acquisition and road widening complied with the National Highways Act, 1956 and constitutional protections under Articles 13, 23, 25, and 26.
- Whether the petitioner's failure to appear warrants dismissal of the writ petition for non‑prosecution.
Legislation cited
- National Highways Act, 1956 — s. 3D
Subjects
- land acquisition
- road widening
- graveyard
- religious site
- mandamus
- non‑prosecution
- writ petition
- National Highways Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18364 of 2019
======================================================
Sarwar Faiz S/o Anwar Azam Permanent Resident of Village- Gilani, P.S.
Sare, District- Nalanda, Presently at Mohalla- Judge Colony, Pethiya Bazar,
P.S.- Phulwarisharif, District- Patna.
... ... Petitioner/s
Versus
1. The Union of India through Secretary, Ministry of Road Transport and
Highways, New Delhi.
2. The Secretary, Ministry of Road Transport and Highways, Government of
India.
3. The State of Bihar through Collector, Nalanda at Biharsharif.
4. The District Land Acquisition Officer, Nalanda.
5. The Project Director, NHAI, Project Implementation Unit, D- 63, Shri
Krishna Puri, Patna- 1.
6. The Circle Officer, Asthawan Block, District- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Birendra Prasad Singh, AC to SC-19
For the NHAI : Mr. Sanat Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 20-01-2026 No one appears on behalf of the petitioner though
learned counsel for the State as also learned counsel
representing the NHAI are present.
2. The present petition has been preferred for the
following relief(s):
“i) For issuance of writ/order/ direction
in the nature of mandamus Commanding the
Respondents to widen NH 82 Road as per the
Notification dated 07.07.2018 published vide
Patna High Court CWJC No.18364 of 2019(4) dt.20-01-2026
2/3
Extraordinary, Part-II-Section 3-sub-Section (ii)
which is no way disturbing the Kabristan situated
over Plot No. 1086, 1079 and 1388 both sides of
the present Road for which Notification has
already been published and list of land under
acquisition has also been published vide the same
Notification.
ii) For direction upon the Respondents
not to divert the plan decided as per the
Notification dated 07.07.2018 otherwise the
Graveyard situated over the both sides of the road
will be affected.
iii) For direction upon the Respondents
not to act 1 against the interest of the Muslim
society and also not act against the provision
enumerated under Article 13. 23, 25 and 26 of the
Constitution Of India.
iv) For Direction upon the Respondents
to follow the procedure given under NH Act, 1956
for acquisition of land and publish the Declaration
under section 3D of the said Act in relation to the
land published under Notification dated
Patna High Court CWJC No.18364 of 2019(4) dt.20-01-2026
3/3
07.07.2018.
v) For restraining the Respondents from
widening the Road over the Public Graveyard in
the fact that Notification has already been
published for widening of NH 82 leaving the
graveyard and the same was diverted.
vi) To any other relief or reliefs for which
the petitioner is found to be entitled in the facts and
circumstances of the case.”
3. On 04.04.2025 too, when the matter was taken by
the Coordinate Bench, there was no appearance.
4. It seems that the petitioner has lost interest in the
case. Accordingly, the writ petition stands dismissed for non-
prosecution.
(Rajiv Roy, J)
Adnan/-
U
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