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Patna High Court

Girijish Kumar (NH-31-6L Aunta - Simaria Ganga Bridge on HAM)versusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court held that the National Highway project has already been completed and inaugurated, so no writ directing its construction was warranted.

Summary

Girijish Kumar filed a public interest writ petition in the Patna High Court seeking a direction to the Union of India, NHAI and other authorities to construct and complete the National Highway‑31 Aunta‑Simaria road within the stipulated timeline. The petitioner alleged delay in project completion. NHAI, represented by senior counsel, submitted that the highway project had already been completed and inaugurated by the Prime Minister, a submission endorsed by the Advocate General. The Court examined whether any further direction was necessary. Finding the project already finished, the Court disposed of the petition without granting any writ. All interlocutory applications, if any, were also dismissed.

Issues considered

  • Whether the respondents are liable to construct and complete the NH‑31 Aunta‑Simaria road within the timeline sought by the petitioner.
  • Whether the Court can issue a writ directing completion of a project that has already been completed.
  • Whether the petitioner’s public interest litigation is maintainable in view of the alleged completion of the project.

Subjects

  • Public Interest Litigation
  • Writ Jurisdiction
  • National Highway Authority of India
  • Infrastructure Completion
  • Court Disposal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.3165 of 2022
                  ======================================================
                  Girijish Kumar (NH-31-6L Aunta - Simaria Ganga Bridge on HAM) Son of
                  Sri Mithilesh Kumar Resident of House No. M/4, K. Sector, Hanuman Nagar,
                  P.S.- Patrakar Nagar, 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.
            6.    The M/s. Welspun (Concessionaire) xxx

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Girijish Kumar ( In Person)
                  For the NHAI           :      Dr. K. N. Singh, Senior Advocate
                                                Dr. Maurya Vijay Chandra, Advocate
                                                Mr. Shivaditya Dhari Sinha, Advocate
                                                Mr. Amarjeet, Advocate
                                                Ms. Prakritita Sharma, Advocate
                  For the Concessionaire :      Mr. Tuhin Shankar, Advocate
                  For the State          :      Mr. Anjani Kumar, AAG-4
                                                Mr. Alok Kumar Rahi, AC to AAG-4
                  For the NTPC           :      Mr. Amaresh Kumar Sinha, Advocate
                                                Mr. Vaibhav Narayan, Advocate
                  For the UOI            :      Mr. Jawed Gaffar Khan, Advocate
                  ======================================================
                  CORAM: HONOURABLE THE CHIEF JUSTICE
                          and
                          HONOURABLE MR. JUSTICE SUDHIR SINGH
                                        ORAL ORDER

                  (Per: HONOURABLE THE CHIEF JUSTICE)

25   09-01-2026                   This writ petition, in the nature of Public Interest

                    Litigation, has been filed for issuance of appropriate

                    writ/order/direction to the respondent authorities to construct
            Patna High Court CWJC No.3165 of 2022(25) dt.09-01-2026
                                                       2/2




                      and complete the project of National Highway No. 31, Aunta-

                      Simaria Road with promptitude within the timeline fixed for the

                      completion of aforesaid project.

                                  2. Dr. K.N. Singh, learned Senior Advocate

                      appearing for the NHAI submits that the project has been

                      completed and its inauguration has already been done by the

                      Hon’ble Prime Minister. Learned Advocate General has also

                      supported the said submission.

                                  3. In view of the aforesaid submissions, the writ

                      petition is disposed of.

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

                      stand disposed of.



                                                (Sangam Kumar Sahoo, CJ)


                                                      (Sudhir Singh, J)
Anushka/-

U


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