Patna High Court
Narendra KumarversusThe East Central Railway, Hajipur
- Decided
- Disposal
- DISPOSED
Holding
The court held that no further issues remain to be addressed and dismissed the petition.
Summary
Narendra Kumar filed a public interest litigation seeking a court order to open level crossing 18/C and close level crossing 17/C on the Fatuha‑Islampur section of the East Central Railway, arguing that the proposed Railway Over Bridge (ROB) would otherwise lead to the closure of crossing 18/C. The railway authorities, through a supplementary counter‑affidavit, explained that a prior order from the Railway Board is required, which would take about a month, and that the ROB construction is underway and expected to be completed within four months, after which crossing 18/C would be closed. A meeting was held with the petitioner and officials, where the court’s earlier direction was reiterated. The court examined the affidavit and found that the railway’s plan addresses the issue and no further relief is necessary. Consequently, the court dismissed the petition, holding that there are no remaining issues to be adjudicated.
Issues considered
- What relief, if any, should the court grant regarding the opening of level crossing 18/C pending the completion of the Railway Over Bridge?
- Whether the petitioner's demand can be entertained in view of the railway's procedural requirements and ongoing construction?
Subjects
- public interest litigation
- level crossing
- railway over bridge
- railway law
- civil writ jurisdiction
- injunction
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18584 of 2025
======================================================
Narendra Kumar son of Rajaram Singh, resident of village-Banwaripur, P.O.
and P.S.-Hilsa, District-Nalanda.
... ... Petitioner/s
Versus
1. The East Central Railway, Hajipur through its General Manager, Hajipur,
Vaishali.
2. The Divisional Railway Manager, East Central Railway, Danapur Division,
Danapur, Patna.
3. The Senior Divisional Engineer (1), East Central Railway, D.R.M. Office,
Danapur, Patna.
4. The Assistant Divisional Manager, East Central Railway, Rajgir, Nalanda.
5. The District Magistrate, Nalanda, at Bihar Sharif.
6. The Sub-Divisional Officer, Hilsa, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Pankaj, Adv.
For the State : Mr. Kinkar Kumar, SC-9
Mr. Shashank Shekhar Dubey, AC to SC-9
For the Railways : Mr. Satyendra Kumar Jha, CGC
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 16-02-2026
In pursuance of the order dated 28.01.2026, a
supplementary counter affidavit has been filed on behalf of the
respondent nos. 5 and 6 duly sworn by one Mr. Brijesh Kumar
Maurya, Executive Magistrate Hilsa, Nalanda.
2. The writ petitioner by filing the present Public
Interest Litigation seeking issuance of necessary direction to the
respondent authorities to open the level crossing no. 18/C in
Patna High Court CWJC No.18584 of 2025 dt.16-02-2026
2/3
Fatuha-Islampur Section of Danapur Division of East Central
Railway, in view of the original proposal to keep open the level
crossing no. 18/C and closing level crossing no. 17/C. The
petitioner is raising objection that upon construction of ROB
gate no. 18/C shall be closed. Hence he is issuing for opening of
gate no. 18//C.
3. In the supplementary counter affidavit dated
12.02.2026, filed by respondent nos. 5 and 6, it is stated as
follows:-
“5. That in compliance of the Hon'ble
Court order dated 13-01-2026 a meeting was
held on 30-01-2026 in presence of Anil Kumar
Singh, Sr. Divisional Engineer (1), Eastern
Railway, Danapur, S.D.M, Hilsa and petitioner
Narendra Kumar and others. In course of
meeting direction of Hon'ble High Court was
apprised to all present persons.
6. That the Sr. Divisional Engineer (1),
Eastern Railway, Danapur stated that if
necessary steps is taken for closer of 17/c and
opening of 18/c, prior order shall be taken from
the Railway Board for which at least one month
time is required. After that process closure of
17/c and opening of 18/c can be done.
7. That it is also apprised that
construction of ROB is in process by which
problem would be resolved permanently and
gate no. 18/c shall be closed after construction
Patna High Court CWJC No.18584 of 2025 dt.16-02-2026
3/3
of ROB. It was stated that construction of ROB
would be completed possibly within 4 months. In
this regard petitioner said that gate no 18/c must
be opened at any cost. He did not accept the
proposal of the officers of Indian Railway, he
differed with opinion. The S.D.M., Hilsa
apprised to all present persons that order of the
Hon'ble Court shall be complied totally. The
meeting concluded with aforesaid decision.”
4. It is apparent through the supplementary counter
affidavit filed by respondent nos. 5 and 6 that construction of
ROB (Railway Over Bridge) is under process and the same shall
be completed within four months. Once the construction is over,
then the problem would be resolved permanently.
5. In view of the affidavit filed, we are of the view
that no further issues remain to be addressed in the Public
Interest Litigation and accordingly the same stands dismissed.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shivank/rohit-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.02.2026
Transmission Date NA
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