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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that there was no public interest to restrain the construction of the power sub‑station, and therefore the writ petition was dismissed.

Summary

The petitioners filed a public interest litigation seeking a writ to prevent the State of Bihar and its agencies from constructing an 11,000 kW power sub‑station on land belonging to Prachin Mahavir Mandir in Bairiya, and to have the project shifted to an alternative site. They also requested a permanent injunction against any interference with the temple’s religious activities. The respondents contended that the sub‑station is essential for supplying electricity to the public and is a welfare measure. The Court examined whether the petition raised a genuine public interest that could justify restraining a state infrastructure project. Concluding that there was no cogent public interest and that the sub‑station is necessary for the welfare state, the Court dismissed the writ petition without any order to relocate the sub‑station.

Issues considered

  • Whether the construction of a power sub‑station on temple land can be restrained by a writ in a public interest litigation
  • Whether the petitioners have demonstrated a sufficient public interest to justify interference with a state welfare project
  • Whether the state’s obligation to provide electricity outweighs the claimed religious and local interests

Subjects

  • public interest litigation
  • writ jurisdiction
  • religious rights
  • state welfare
  • infrastructure development
  • electricity supply

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.2336 of 2026
     ======================================================
1.    Rajesh Kumar Son of Late Ram Nagina Roy, Resident of Village- Bairiya,
     P.O. Bairiya, Police Station- Gopalpur, Patna- 800007.
2.   Pinku Kumar, Son of Visunday Roy, Resident of Village- Bairiya, Post
     Office- Bairiya, Police Station- Gopalpur, Patna- 800007.

                                                                 ... ... Petitioner/s
                                         Versus

1.   The State of Bihar through Chief Secretary, Old Secretariat, Harding Road,
     Police Station- Sachiwalaya, District- Patna.
2.   The Principal Secretary, Rural Development Department, Government of
     Bihar, Old Secretariat, Harding Road, Police Station- Sachiwalaya, District-
     Patna.
3.   The Principle Secretary, Urban Development and Housing Department,
     Government of Bihar, Vikas Bhawan, Bailey Road, Police Station-
     Sachiwalaya, District- Patna.
4.   The Secretary, Energy (Electricity), Government of Bihar, Patna, 1st Floor,
     Vidyut Bhawan, Jawaharlal Nehru Marg, Police Station- Kotwali, Patna.
5.   District Magistrate, Patna, Police Station- Gandhi Maidan, Patna.
6.   Managing Director, South Bihar Power Distribution Company Ltd, Vidyut
     Bhawan, Jawaharlal Nehru Marg, Police Station- Kotwali, Patna.
7.   Executive Engineer, South Bihar Power Distribution Company Ltd, PESU
     Electric Supply Division, Kankarbagh- II, Police Station- Kankarbagh,
     Patna.
8.   Station House Officer, P.S.- Gopalpur, District- Patna.
9.   Sub Divisional Officer, Patna Sadar, Police Station- Gandhi Maidan, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr.Sushil Jhunjhunwala
     For the Respondent/s   :        Mr.Advocate General
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
                           ORAL ORDER
         Patna High Court CWJC No.2336 of 2026(2) dt.16-02-2026
                                                     2/3




                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   16-02-2026                 The petitioners have filed this Public Interest

                   Litigation with the following prayer(s):

                                                “i. Issue an appropriate writ, order, or
                                   direction,     directing       the     respondents     not   to
                                   construct or install any power sub-station over the
                                   land pertaining to Katha No. 812, Khesra No. 374,
                                   Mouza-Bairiya,          P.S.-Gopalpur,          District-Patna,
                                   where Prachin Mahavir Mandir is situated.
                                                ii. Quash and set aside any decision,
                                   order, or direction, oral or written, issued by the
                                   respondents for establishment of a 11000 KW
                                   power sub-station within the temple premises.
                                                iii. Direct the respondents to shift the
                                   proposed power sub-station to any suitable
                                   alternative site, including Ramchak Bairiya or
                                   Mouza-Bairiya, or any other location away from
                                   the temple and densely populated area;
                                                iv. Restrain the respondents permanently
                                   from causing any interference, obstruction, or
                                   hindrance        in      the         peaceful      functioning,
                                   management, and religious activities of the temple
                                   and its adjoining land...
                                                v. During pendency of this writ, the
                                   respondent no. 6 & 7 be restrained from carrying
                                   out further construction of the proposed Power
                                   Sub-Station inside the temple premises.”
                               2. After hearing the learned counsel and going

                   through the averments taken, we find that there is no public
           Patna High Court CWJC No.2336 of 2026(2) dt.16-02-2026
                                                       3/3




                     interest is involved in the present Public Interest Litigation. The

                     establishment of Power Sub-Station for supply of electricity to

                     the masses is necessary concomitant of a welfare State and the

                     same can not be interfered, unless there is any cogent and

                     compelling reason. Accordingly, the writ petition stands

                     dismissed.



                                         (Sangam Kumar Sahoo, CJ)


                                                ( Harish Kumar, J)
Anjani/-

U


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