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Patna High Court

Pramod YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The alignment change is based on expert opinion and not arbitrary; the petition is dismissed.

Summary

Pramod Yadav filed a public‑interest writ petition in the Patna High Court seeking to quash a letter dated 19‑Jan‑2026 issued by the District Magistrate that altered the alignment of the elevated section of the Amas‑Darbhanga Expressway, alleging that the change caused substantial loss to landowners and was arbitrary. He also prayed that the road be constructed according to the original alignment. The Court examined the claim and held that the alignment change is a technical decision based on expert opinion, not a mala‑fide or arbitrary act, and that the authorities are best placed to decide such matters. Consequently, the petition was found to be without merit and was dismissed. The order was delivered by the Chief Justice and Justice Harish Kumar.

Issues considered

  • Whether the alteration of the road alignment by the District Magistrate is arbitrary, mala‑fide, and violative of public interest.
  • Whether the court can intervene in a technical decision concerning road alignment that is based on expert opinion.
  • Whether the writ petition for quashing the letter and directing construction as per the earlier alignment is maintainable.

Subjects

  • public interest litigation
  • land acquisition
  • road alignment
  • administrative discretion
  • expert opinion
  • writ jurisdiction
  • arbitrary action

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3346 of 2026
                 ======================================================
                 Pramod Yadav Son of -Shabd Lal Yadav, Resident of Village- Jagdishpur, PS-
                 Manigachhi, District- Darbhanga.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary Road Construction Department, Government
                 of Bihar.
           3.    The Bihar State Road Development Corporation, through its Nodal Officer,
                 Executive Engineer, Deputy General Manager (Technical) PIU,
                 Muzaffarpur.
           4.    The commissioner Tirahut Division, Muzaffarpur,
           5.    The District Magistrate, Darbhanga
           6.    The Executive Engineer Road Construction Department, Darbhanga
                 Division, Darbhanga.
           7.    The Director, Land acquisitions Directorate, Government of Bihar, Patna
           8.    The Town Commissioner, Nagar Nigam, Darbhanga
           9.    The Land Acquisitions Officer, Darbhanga
           10. The Sub-Divisional Officer, Darbhanga.
           11. The Circle Officer Bahadurpur/Sadar, Darbhanga

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shivendra Kumar Sinha, Adv.
                                               Mr. Ranjeet Patel, Adv.
                                               Mr. Avnish Kumar Singh, Adv.
                                               Mr. Pratyush Mishra, Adv.
                 For the Respondent/s   :      Mr. P K Shahi, Advocate General
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   24-04-2026                  This writ petition has been filed by way of Public

                   Interest Litigation by ‘Pramod Yadav’ seeking following

                   reliefs:-

                                                      “i. To Quash the letter no.
            Patna High Court CWJC No.3346 of 2026(2) dt.24-04-2026
                                                        2/2




                                              138/LA dated 19.01.2026 issued by the
                                              District Magistrate, Darbhanga by which
                                              the aliment of the elevated road which are
                                              the part of Amas-Darbhanga Expressway
                                              (Bharat Mala) has been changed in
                                              arbitrary     manner       which     cause
                                              immenseness loss to the local people
                                              whose land has been acquired in new
                                              aliment.
                                                         ii. To further command the
                                              respondents to construct the elevated
                                              road as per earlier aliment of the Amas-
                                              Darbhanga Expressway.”

                                  2. After going through the averments made in the writ

                      petition, it is evident that the change of alignment depends upon

                      expert opinion. If such a decision has been taken, it cannot be

                      said to be mala fide, arbitrary in nature or against public

                      interest. Since the concerned authorities are the best judges to

                      decide such aspects, this Court should not interfere on such

                      aspect. Accordingly, the writ petition, being devoid of merit,

                      stands dismissed.



                                          (Sangam Kumar Sahoo, CJ)



                                                  (Harish Kumar, J)
shivank/-

U


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