Patna High Court
Badal Kumar SarkarversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the 2012 order was lawful and, given the long delay, the fresh writ petition was not maintainable, leading to its dismissal.
Summary
Badal Kumar Sarkar filed a public interest writ seeking an injunction against the demolition of a middle school in Kurlahiya Man Singh, Sitamarhi, pending its relocation due to the proposed NH‑77 project. He had earlier obtained a liberty to approach the District Superintendent of Education, resulting in an order dated 13 June 2012 directing the identification of a suitable site for shifting the school. No further action or compliance with that order was recorded, and the petitioner filed a fresh petition in 2026. The Court examined whether the 2012 order contained any illegality and whether the new petition could be entertained after a lapse of more than fourteen years. Finding the 2012 order lawful and noting the inordinate delay, the Court declined to entertain the fresh writ and disposed of the public interest litigation.
Issues considered
- What is the legality of the District Education Officer's order dated 13 June 2012 directing identification of a new site for the school?
- Can a fresh writ petition be entertained after a considerable lapse of time and after an earlier order on the same matter?
- Is the petitioner entitled to an injunction restraining demolition of the school pending its relocation?
Subjects
- public interest litigation
- writ petition
- school demolition
- National Highway project
- administrative order
- delay in litigation
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2401 of 2026
======================================================
Badal Kumar Sarkar Son of Late Barkim Chandra Sarkar, Resident of Village-
Kurlahiya Man Singh, Police Station-Runnisaidpur, District-Sitamarhi.
... ... Petitioner/s
Versus
1. The Union of India through its Secretary Transport and National Highway
Department, New Delhi.
2. The Secretary Transport and Road Construction Department, Government of
Bihar, Patna, Bihar.
3. The State of Bihar through Secretary, Human Resources Development
Department, Government of Bihar, Patna.
4. The District Magistrate cum Collector, Sitamarhi.
5. The Disrict Superintendent of Education, Sitamarhi.
6. The Block Development Officer, Block-Runnisaidpur, District-Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dinesh Jha, Advocate
For the State Mr. P.K.Shahi, Advocate General
For the NHAI Mr. Saket Tiwari, Advocate
For the Respondent Mr. Anshay Bahadur Mathur, CGC
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2 10-03-2026 This writ application has been filed by one Badal
Kumar Sarkar, seeking for the following relief:-
“That this is Public interest
application for issuance of appropriate Writ/
Writs, Direction/Directions, Order/ Orders,
commanding the Respondents authority to
restrain from demolishing or disturbing the
building of Middle school, Korlahiya Man
Singh, Block-Runnisaidpur, District-
Sitamarhi prior to shifting the said school at
appropriate place if demolishing is necessary
required and further direct the Respondent
Patna High Court CWJC No.2401 of 2026(2) dt.10-03-2026
2/3
that prior to demolishing or breaking the
school shift the school at appropriate place
which is said to be came in National
Highway no. 77 Muzaffarpur to Sitamarhi
and further prays for grant another relief/
reliefs your lordships may deem fit and
proper according facts and circumstances.”
2. It appears that earlier this petitioner had
approached this Court seeking for similar relief in CWJC
No.7286 of 2012, which was disposed of on 12.04.2012 and a
liberty was granted to him to file a representation before the
District Superintendent of Education, Sitamarhi which was to
be disposed of in accordance with law.
3. The learned counsel submits that the
representation was filed and the Authority has passed an order
way back on 13th June, 2012 which is annexed as Annexure-
P/3, asking the Headmaster I/C and the petitioner to identify
the proper space/place so that steps can be taken for shifting of
the school in question, in view of the proposed NH-77 Project.
4. There is nothing in the writ petition as to what
happened thereafter.
5. After hearing the learned counsel for the parties,
since we do not find any illegality in the order dated
13.06.2012, passed by the District Education Officer,
Sitamarhi and a little less than 14 years have already
Patna High Court CWJC No.2401 of 2026(2) dt.10-03-2026
3/3
passed, we are not inclined to entertain this writ application.
6. The Public Interest Litigation application is,
accordingly, disposed of.
7. Interlocutory application(s), if any, shall stand
disposed of.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
HR/-
U
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