Patna High Court
Thakur Prasad TyagiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is dismissed as there is no dispute; the public toilet has already been renovated and the matter is moot.
Summary
Thakur Prasad Tyagi filed a public interest litigation seeking a direction that the Municipal Commissioner and Mayor of Bettiah Municipal Corporation should not prohibit the construction of a public toilet on Plot No. 5227. The respondents submitted a counter‑affidavit stating that the plot is recorded as Gair Majarua Malik, that a public toilet has existed there for over 50 years, and that the Municipal Corporation, through a General Body meeting, approved and completed renovation work on the toilet. Photographs and a work order were attached to show that construction was already finished. The Court observed that the respondents had demonstrated the existence and completion of the toilet project, leaving no substantive issue for adjudication. Consequently, the petition was disposed of as moot.
Issues considered
- Whether the Municipal Commissioner and Mayor can be directed by a court to refrain from prohibiting construction of a public toilet on Plot No. 5227.
- Whether a public interest litigation is maintainable when the proposed construction/renovation has already been completed.
Subjects
- Public Interest Litigation
- Municipal Corporation
- Public Toilet
- Land Use
- Writ Petition
- Judicial Review
- Mootness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21047 of 2025
======================================================
Thakur Prasad Tyagi, State Coordinator, Bihar Pradesh JP Senani Sangharsh
Samiti, Resident of uttarwari Pokhra, Ward No. 04, Kalibagh O.P., P.O.-
Bettiah, P.S.- Bettiah Town, District- West Champaran, Bihar-845438.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Urban Development and Housing Department,
Government of Bihar, Patna.
3. The Principal Secretary, Department of Health, Government of Bihar, Patna.
4. The District Magistrate, West Champaran, Bettiah.
5. The Superintendent of Police, West Champaran, Bettiah.
6. The Principal, Government Medical College, Bettiah.
7. The Municipal Commissioner, Bettiah Municipal Corporation, West
Champaran.
8. The Mayor, Bettiah Municipal Corporation, West Champaran.
9. The Circle Officer, Bettiah Sadar, West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Kumar Dwivedy, Advocate
For the State : Mr. Advocate General
For the Corporation : Mr. Priyadarshi Matri Sharan, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court CWJC No.21047 of 2025 dt.16-02-2026
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Date : 16-02-2026
This writ petition has been filed by Thakur Prasad
Tyagi in the nature of Public Interest Litigation for issuance of a
direction to the Municipal Commissioner and the Mayor of
Bettiah Municipal Corporation for not prohibiting to construct
Public toilet over Plot No. 5227.
2. As per order no.2, dated 09.01.2026, the learned
counsel for respondent no.7 has filed the counter affidavit
wherein it is stated as follows:
“4. That, the fact of this case in brief
is that Plot No. 5227 admeasuring 5 Acre 99
Decimals equivalent to 4 Bigha 5 Katha is
recorded in Khatiyan as Gair Majarua Malik
(Parti Kadim).
5. That, it is not out of place to
mention here that, vide Letter No. 1329 dated
01.09.2023, a meeting of District Level
Coordination and Monitoring Committee (Disha)
was held on 02.06.2023 under the Chairmanship
of Hon’ble Member of Parliament and from
perusal of Para-12, it is evident that a direction
has been given to the Municipal commissioner for
making construction of Public Toilet at Mina
Bazar, Bettiah.
6. That, it is pertinent to mention that
a Public toilet is/was in existence since more than
50 years upon Plot No. 5227 at the North-Eastern
corner and outside the boundary of Government
Patna High Court CWJC No.21047 of 2025 dt.16-02-2026
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Medical College, Traffic Chowk, Near Mina
Bazar, Bettiah.
7. That, it is further pertinent to
mention that the condition of the existing toilet
was very dilapidated. As such, in public interest,
on 19.07.2025, a General Body meeting of the
Municipal Corporation Board was covened under
the Chairmanship of the Mayor and in presence of
Ward Councillors and Officer and Officers and
approval was given vide Proposal No.15 for
making construction/renovation of the Public
Toilet at the Traffic Chowk, Near Mina Bazar,
Bettiah.”
3. On perusal of such affidavit, it is apparent that
the Public Toilet, in question, was in existence since 50 years
upon Plot No. 5227 and since the condition of the Toilet was not
good and it required renovation in public interest, a General
Body Meeting of the Municipal Corporation Board was
convened under the Chairmanship of the Mayor and in presence
of Ward Councillors and Officers, proposal was approved
regarding construction/renovation of the Public Toilet at the
Traffic Chowk, Near Mina Bazar, Bettiah and the work order
was issued and, in the meantime, the construction work of toilet
is already over. The photographs have also also been annexed to
the counter affidavit, filed by respondent no.7.
4. In view of such stand taken by the respondent
Patna High Court CWJC No.21047 of 2025 dt.16-02-2026
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no.7 in the counter affidavit, nothing more remains to be
adjudicated in the present Public Interest Litigation.
5. Accordingly it is disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR
CAV DATE NA
Uploading Date 18.02.2026
Transmission Date NA
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