Patna High Court

Manish Kumar RayversusThe State of Bihar

Decided: 9 January 2026
Disposal: DISPOSED
Bench: THE CHIEF JUSTICE SUDHIR SINGH

Holding

The Court held that the petitioner had no further grievance and therefore the writ application stands disposed.

Summary

Manish Kumar Ray filed a public interest litigation seeking an injunction to stop the construction of a PACS building on land he alleged to be a cremation ground in Mouza Jajauli, Saran district. The petitioner also asked for the removal of the building and restoration of the land to its original status. The State of Bihar contended that the land, identified as Khata No. 102, Survey No. 2171, was suitable for the PACS building and that a godown being constructed there was being shifted elsewhere. The Court examined the claim and the State's explanation and found that the petitioner had no remaining grievance. Consequently, the Court disposed of the writ application, holding that the relief sought could not be granted.

Issues considered

What is the legal status of the land alleged to be a cremation ground?
Whether the construction of the PACS building on the said land is illegal.
Whether the petitioner has a valid grievance to sustain the writ petition.

Subjects

Public Interest Litigation
Land Use
Illegal Construction
PACS Building
Cremation Ground
Writ Jurisdiction
Environmental Law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.19287 of 2025
     ======================================================
     Manish Kumar Ray Son of Lt. Prabhunat Ray, Resident of Village Jajauli, PO
     Bansohi, P.S. Masharakh, District Saran at Chapra.
                                                              ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Additional Chief Secretary, Department of
     Revenue and Land Reforms, Govt. of Bihar, Patna.
2.   The District Magistrate, Sarand at Chapra.
3.   The Sub-Divisional Officer, Marhaura, Sub Division, Marhaura, District
     Saran.
4.   The District Co-operative Officer, Saran, at Chapra.
5.   The Circle Officer, Mashrakh, District Saran at Chapra.
6.   The Superintendent of Police, Saran, at Chapra.
7.    The Officer-in-Charge, Mashrakh Police Station, District Saran.
                                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Harsh Anuj
     For the Respondent/s   :      Mr. P.K. Shahi, Advocate General
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE SUDHIR SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 09-01-2026

                  This Public Interest Litigation has been filed by the

      petitioner Manish Kumar Ray for the following relief(s):


                        “(i) To immediately stop the illegal
                        construction of PACS Building over the
                        Cremation ground of Mouza Jajauli Thana
                        No. 83 Khata No. 102 and Survey No.
                        2171 appertaining to its area 57 decimal
                        since the Respondent No. 5 without
                        verifying the nature and its uses of the land
                        given the no objection for construction of
                        PACS building over the Khatiyani Land
                        under subject.
             Patna High Court CWJC No.19287 of 2025 dt.09-01-2026
                                                        2/2




                                         (ii) Further to remove the illegal
                                         construction of the PACS building as
                                         aforesaid and to restore its status/position
                                         as before of the Cremation ground.
                                         (iii) For other relief/relief(s) as this
                                         Hon’ble Court may deem fit and proper.”

                                  2. The learned counsel for the State has stated that in

                      Khata No. 102, Survey No. 2171, Thana No.83, total area 57

                      decimal of the Village/Mouza Jajauli, District- Saran mentioned

                      as Murghatia in the Revisional Survey Records, the area of the

                      land in question is sufficient for the construction of PACS

                      building. It is also stated that the construction of godown which

                      has been stopped by the local villagers is excluded from the

                      recommendation of the PACS and the authorities have been

                      working on shifting the godown to some other land and the

                      recommendation has also been made in that respect.

                                  3. In view of such instruction received, the petitioner

                      cannot be said to have any further grievance and accordingly,

                      the writ application stands disposed of.


                                                         (Sangam Kumar Sahoo, CJ)


                                                              (Sudhir Singh, J)
shailendra/-
AFR/NAFR
CAV DATE
Uploading Date          12.01.2026
Transmission Date       NA

Continue reading with your account

Checking your session…