Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The writ petition was dismissed as the matter was already being addressed through an executed work order and agreement, leaving no issue for the Court to adjudicate.
Summary
Petitioner Rajnish Kumar sought a writ of certiorari to quash Letter No. 183 dated 22‑01‑2025 issued by the Circle Officer, Hajipur, which refused to issue a No‑Objection Certificate for public land intended for a 1000‑metric‑ton godown. He argued the refusal was arbitrary, ignoring earlier letters that had approved the land use and allowed construction to commence. The State’s counter‑affidavit highlighted that a separate work order and agreement for a Panchayat Sarkar Bhawan on the same land had already been executed, with 25% of the work completed, indicating the matter was already in execution. The Court observed that the substantive issues were already being addressed through the ongoing project and that there was no pending dispute for judicial intervention. Consequently, the writ application was dismissed as there was nothing left for the Court to adjudicate.
Issues considered
- What is the appropriate jurisdiction of the High Court to entertain a writ petition seeking quashing of an administrative order refusing a No‑Objection Certificate?
- Whether the refusal of the No‑Objection Certificate was arbitrary and illegal in view of earlier approvals.
Subjects
- certiorari
- public land
- no‑objection certificate
- administrative action
- high court jurisdiction
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1994 of 2025
======================================================
Rajnish Kumar S/o. Shivpujan Singh, R/o. Village Daulatpur Chandi, P.O
Harauli, P.S-Hajipur Sadar, District - Vaishali, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary. Building Construction
Department, Bhawan Nirman Vibhag, Vishwaraiya Bhawan, Patna
2. The District Magistrate, Vaishali at Hajipur
3. The District Cooperative Officer, Vaishali, Hajipur
4. The Cooperative Extension Officer, Block Hajipur
5. The Circle officer, Hajipur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Chandra, Advocate
For the State : Mr. Sanjay Kumar, AC to EX-GA-13
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Shri Prakash Chandra, learned Advocate for
the petitioner and Shri Sanjay Kumar, learned counsel for the
state.
2. In the present writ application the petitioner has
prayed for the following reliefs:-
i) For issuance of writ/writs in the
nature of certiorari for quashing of the Letter No.
183, dated 22.01.2025, issued by Circle Officer,
Hajipur, whereby and where under Circle Officer,
Hajipur, refused to issue to no objection certificate
with respect to the Public Land bearing Khata No.
523, Khesra No. 240, Area 27 Dismal, situated at
Mauza - Daulatpur Chandi P.O Harauli, P.S
Hajipur Sadar, District Vaishali for the construction
of the godam of 1000 Metric Ton at Daulatpur
Patna High Court CWJC No.1994 of 2025(2) dt.06-07-2026
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Chandi, Panchayat PACS, Block Hajipur illegally
and arbitrarily and without considering the previous
Letter No. 91, Dated 06.01.2024 whereby and where
under concerned Circle Officer, Hajipur made
available the above said subject land for
construction of godam in light of the Letter No.
2817 dated 27.10.2023 issued by the District
Cooperative Officer, Vaishali, Hajipur, and on the
basis of the said Letter godown was sanctioned,
funds were released and the work of Lay out was
completed.
(ii) For any other relief(s) to which the
petitioner may be found entitled in the facts and
circumstances of the present case
3. A duly signed counter affidavit dated 09.04.2025 is
on record and a copy of the same has been served and received
by the petitioner on 10.04.2025. The petitioner choose not to file
rejoinder.
4. Paragraph 8 and 9 of the counter affidavit are
relevant for the adjudication of the present matter which are
reproduce here in below:-
“(8) That accordingly, vide work order issued
under letter no. 01 dated 01.01.2025 the work of
"Construction of Panchayat Sarkar Bhawan (Now floor
area, G2) at Hajipur Block 04 No, Panchayat (Chakunda urf
Milki, Daulatpur Chandi, Ismailpur, Manuaa) District-
Vaishali for year 2024-25 stands allotted to "M/s Manglam
Planner & Construction Pvt. Ltd." With a direction to
complete the same with 12 months. That accordingly an
Agreement no. 21SBD 2024-25 was also upon entered with
Patna High Court CWJC No.1994 of 2025(2) dt.06-07-2026
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the contractor for completing the above said work.
(9) That it is most humbly submitted that work
of construction of Panchayat Sarkar Bhawan is already in
progress in view of progress report submitted by the
Assistant Engineer vide his letter no. 337 dated 08.03.2025.
It has been reported that foundation work has already been
completed by the Agency which is almost 25% of the total
work.
5. From bare reading, it is clear that for construction
of Panchyat Sarkar Bhawan work allotment order issued and
agreement has already been executed by which work is to be
completed within 12 months. It further appears that the
executive agency has already completed 25 percent of the total
work and nothing remains to be adjudicated by this Hon’ble
court.
6. Accordingly, the writ application stands disposed
off.
(Vikash Kumar, J)
Rohit/-
U
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