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Patna High Court

Laddu SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition lacks locus standi and public interest, and therefore the writ petition is dismissed.

Summary

The petitioner, Laddu Sahani, filed a public interest writ seeking a mandamus directing the State of Bihar and the National Thermal Power Station (NTPC) Kanti to investigate the death of laborer Sunil Paswan, alleging negligence, lack of safety measures, and failure to file a police report or conduct a post‑mortem. The petition also demanded action against NTPC officials and contractors for employing unskilled labor and unsafe practices. The NTPC counsel submitted that a compensation of Rs. 9 lakh had already been paid to the deceased’s family and that the family had not approached the court with any grievance. The Court examined whether the petitioner had locus standi and whether the matter qualified as a public interest litigation. Finding no public interest and no material basis for the petition, the Court held that the writ petition was not maintainable. Consequently, the petition was disposed of without any order of costs.

Issues considered

  • Does the petitioner have locus standi to file a writ petition on behalf of the deceased laborer?
  • Can the Court issue a mandamus directing an inquiry and action against NTPC and its officials?
  • Does the case constitute a public interest litigation warranting judicial intervention?

Subjects

  • public interest litigation
  • mandamus
  • locus standi
  • occupational safety
  • negligence
  • compensation
  • civil writ jurisdiction
  • labour law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20935 of 2025
     ======================================================
     Laddu Sahani Son of Ramji Prasad Sahni, Resident of Village- Soti Bheriahi,
     Bakhri, P.S. Kanti, District- Muzaffarpur.

                                                                  ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Secretary, Labour Resources Department, Government of Bihar, Patna.
3.   The District Magistrate, Muzaffarpur, District- Muzaffarpur.
4.   The Senior Superintendent of Police, Muzaffarpur, District- Muzaffarpur.
5.   The District Labour Officer, Muzaffarpur, District- Muzaffarpur.
6.   The District Transport Officer, Muzaffarpur District- Muzaffarpur.
7.   The State Head Officer, Kanti Police Station, District- Muzaffarpur.
8.   The National Termal Power Station, Kanti, Muzaffarpur District-
     Muzaffarpur through the Project Head.
9.   The Project Head, The National Thermal Power Station, Kanti, Muzaffarpur
     District- Muzaffarpur.
10. The Assistant General Manager, The National Thermal Power Station, Kanti
    Muzaffarpur, District- Muzaffarpur.
11. The Assistant General Manager (Human Resources), The National Thermal
     Power Station, Kanti, Muzaffarpur, District- Muzaffarpur.
                                                               ... ... Respondent/s
    ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Santosh Kumar
     For the Respondent/s   :       Mr. P.K. Shahi, Advocate General
                                    Mr. Vikas Kumar, Advocate
                                    Mr. Amish Kumar, Advocate
     For the NTPC           :       Mr. Amaresh Kumar Sinha
                                    Mr. Vaibhav Narayan
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE SUDHIR SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 09-01-2026

                    This writ application in the nature of Public Interest

      Litigation has been filed by the petitioner Laddu Sahani with

      following relief(s):

                                “(i) For issuance of an appropriate
Patna High Court CWJC No.20935 of 2025 dt.09-01-2026
                                           2/3




                                writ in the nature of MANDAMUS
                                commanding       and    directing  the
                                Respondent 1st set to make enquiry
                                about the death of Sunil Paswan son of
                                Lala Paswan, resident of Village-
                                Bhaisaha, P.S. Kanti, District –
                                Muzaffarpur by falling the soil during
                                the course of discharging the work of
                                labourer due to negligence on the part
                                of the Respondent 2nd set and without
                                lodging any U.D. Case in the Kanti
                                Police Station as well as without
                                conducting any post-mortem of the
                                deceased Sunil Paswan, the Respondent
                                2nd set disposed of the dead body and
                                closed the matter.

                                 (ii) For issuance of an appropriate writ
                                in the nature of MANDAMUS
                                commanding        and     directing   the
                                Respondent Authorities to take suitable
                                action against the erring persons of the
                                NTPC administration on whose
                                negligence such type incident had been
                                taken place since the works are being
                                taken by the NTPC administration from
                                the outsider as well as unskilled labour
                                through the contractor as also the
                                labourers were not provided safety
                                materials and the unregistered vehicles
                                are being used in mining work.

                                 (iii) For issuance of any other
                                appropriate writ/writs, order/orders,
                                direction/directions for which the writ
                                petitioner shall be found entitled under
                                the fact and circumstances of the case.”
             Patna High Court CWJC No.20935 of 2025 dt.09-01-2026
                                                        3/3




                                     2. The learned counsel appearing for the NTPC

                      submits that for the death of the labour Sunil Paswan

                      compensation amount has already been paid. It is pointed out

                      from paragraph no.9 of the petition that total Rs. 9 Lacs.

                      compensation has been paid to the family members of the

                      deceased. He further submits that the family members are not

                      coming up to this Court raising any grievance against the death

                      of the labour and the petitioner has no locus to file such a

                      petition without any cogent material and without any basis.

                                     3. In view of such submission, we find that there is no

                      public interest involved in this case and it appears to be a

                      personal interest litigation of the petitioner. We were

                      contemplating to impose cost on the petitioner, but with all

                      caution, we are refraining from passing any such order and

                      accordingly, the writ petition is disposed of.

                                     4. Interlocutory application(s), if any, shall stand

                      disposed of.


                                           (Sangam Kumar Sahoo, CJ)


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

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