Patna High Court
Vipin Kumar (NH-30-Patna Bakhtiyarpur section on BOT (Toll))versusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
Since the NH‑13 project has been completed and the remaining works have been re‑allocated to a new sanctioned project, no further court order is required.
Summary
Vipin Kumar filed a public interest writ petition seeking a court direction to construct and complete the National Highway No. 13 project between Patna and Bakhtiyarpur. The Court, after an earlier order, asked the State to confirm whether any competent officer had been authorized to address the project issues. The respondents submitted a counter‑affidavit stating that the NH‑13 project had already been completed, a completion certificate was issued on 17‑Nov‑2025, and that pending works such as drains and service roads were de‑scoped and transferred to a newly sanctioned Anisabad‑to‑Deedarganj section of NH‑31 under a Hybrid Annuity Mode. Relying on these facts, the Court held that no further order was necessary in the PIL. Consequently, the petition was disposed, with a direction that the authorities expedite the de‑scoped works.
Issues considered
- Whether the Court should issue a direction for the completion of the NH‑13 Patna‑Bakhtiyarpur project.
- Whether the pending works de‑scoped from the original project require a separate court order.
Subjects
- Public Interest Litigation
- National Highway construction
- Completion certificate
- De‑scoping of works
- Hybrid Annuity Mode
- NHAI
- Project completion
- Court disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3022 of 2022
======================================================
Vipin Kumar (NH-30-Patna Bakhtiyarpur section on BOT (Toll)) Son of
Ramashish Prasad Singh Resident of Mohalla- Mahuabagh, P.S.- Rupaspur,
District- Patna
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Department of Ministry of Road
Transport and Highway Authority of India, New Delhi.
2. The Secretary, Department of Ministry of Road Transport and Highway
Authority of India, New Delhi.
3. The National Highway Authority through its Chairman.
4. The Additional Chief Secretary, Road Construction Department,
Government of Bihar, Patna.
5. The District Magistrate, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vipin Kumar ( In Person), Advocate
For the Respondent/s : Mr. Dr. K. N. Singh (Asg)
For the NHAI : Mr. Dr. K. N. Singh, Sr. Advocate
Mr. Kumar Goutam, Advocate
Ms. Priyanshu Kumari, Advocate
Ms. Iti Suman, Advocate
Mr. Shivaditya Dhari Sinha, Advocate
Mr. Abhinav, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-02-2026
This writ petition in the nature of Public Interest
Litigation has been filed with the prayer for a direction to the
respondents to construct and complete the project of National
Highway No. 13, Patna, Bakhtiyarpur road with promptitude.
2. When the matter was taken up on 11.02.2026,
Patna High Court CWJC No.3022 of 2022 dt.18-02-2026
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keeping in view the order dated 17.12.2025, we asked the
learned counsel for the State to obtain instruction whether the
Chief Secretary has authorized any competent officer to
examine the issues involved in the project and to take
appropriate steps for expeditious resolution and to ensure the
completion of the project at an earliest.
3. In terms of such order, supplementary counter
affidavit has been filed on behalf of the Chief Secretary, Bihar,
duly sworn by one Sanjay Kumar Bharti, Chief Engineer, NH
(South Wing), Bihar, Patna, wherein it is stated as follows:-
“6. That it is humbly submitted that in
compliance of order dated 17.12.2025 and
11.02.2026 passed in the instant matter
secretary the Chief State of Bihar has
authorized the Secretary, Road Construction
Department, Bihar, Patna to co-ordinate
with the various stake holder for the
competition of the Patna Bakhtiarpur -NH
-30 project vide letter issued under memo no
603 dated 16.02.2026.
7. That for compliance of the court order, the
Secretary immediately called a meeting of
various stake holders on 16.02.2026 itself.
The Secretary Urban Development
Department cum Managing Director Metro,
Managing Director ,BUDCO, Project
Director NHAI and Chief Engineer, NH wing
South Bihar were present in the meeting.
8. That it has been informed by the Project
Patna High Court CWJC No.3022 of 2022 dt.18-02-2026
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Director, NHAI that the Project of Patna
Bakhtiarpur which was being constructed by
the NHAI, has been completed and
completion certificate has been issued on
17.11.2025.
9. That it has been further informed that
certain work of construction of drain/service
Road etc which was hindered, has been de
scoped from the work of the concessionaire
of the Project.
10. That it has also been informed by the
NHAI that balance/de scoped work of this
project has been taken up in the newly
sanctioned Project namely construction of
Anisabad to Deedarganj Section of NH 31
feom junction with NH 83 and terminating
after Deedarganj Junction on NH -31 on
Hybrid Annuity Mode.”
4. Copy of such affidavit has been served on the
learned counsel for the NHAI so also the learned counsel for the
petitioner.
5. Referring to the counter affidavit, it is informed
to the Court that the project of Patna, Bakhtiyarpur which was
being constructed by NHAI has already been completed and the
completion certificate has been issued. Certain works relating to
drain and service road etc. have been de scoped from the work
of the concessionaire of the project and it has been taken up in
the newly sanctioned project, namely, Construction of Anisabad
Patna High Court CWJC No.3022 of 2022 dt.18-02-2026
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to Deedarganj Section of NH-31 from Junction with NH-83 and
terminating after Deedarganj Junction on NH-31 on Hybrid
Annuity Mode.
6. In view of afore-noted facts, no further order is
required to be passed in this Public Interest Litigation.
7. Accordingly, the same is disposed of.
8. It is expected that the concerned authorities shall
do the needful to expedite the work which has been de scoped.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
guddukr/-
AFR/NAFR
CAV DATE
Uploading Date 20.02.2026
Transmission Date
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