Created by Fuzzy Cloud

Patna High Court

Pahchan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petition neither raises a public interest matter nor alleges any violation of law, and therefore dismissed it.

Summary

Pahchan Kumar filed a public interest litigation seeking a writ of mandamus directing the Chief Secretary of Bihar to ban the use of deity images on polybag packaging, alleging that such use dishonours deities when the bags are discarded as waste. The petitioner argued that the representation dated annexure P‑1 should be acted upon. The Court examined whether the petition raised a genuine public interest issue or alleged any violation of law. It found that the petition did not demonstrate any public interest concern nor any breach of any statutory provision. Consequently, the Court dismissed the petition for lack of merit.

Issues considered

  • Does the petition raise a public interest issue warranting judicial intervention?
  • Is there any violation of any statutory provision that justifies the issuance of a writ of mandamus?
  • Can the Court direct the State to ban the depiction of deities on polybag packaging?

Subjects

  • public interest litigation
  • writ mandamus
  • religious sentiment
  • packaging
  • environmental waste
  • jurisdiction
  • dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3777 of 2026
                 ======================================================
                 Pahchan Kumar S/O Kailash Paswan, Resident- Mirzaganj, Jamui District-
                 Jamui- 811301.

                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Ms. Rashmi, Advocate
                 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   18-03-2026                 Heard the learned Advocate for the petitioner and the

                   learned Advocate for the respondents.

                               2. The instant public interest litigation has been filed

                   for the following reliefs:-

                                                 “(i) Issuance of writ mandamus for
                                                 directing respondent that is the chief
                                                 secretary, Government of Bihar to
                                                 dispose of the representation dated as
                                                 contained in annexure P-1 by which
                                                 the petitioner prays to the respondent
                                                 authority to ban the picture of deities
                                                 upon polybag bag of paper upon
                                                 goods rapper and after using its either
                                                 poly bag or other articles useably put
                                                 in garbage due to this our deities are
                                                 being dishonoured.
                                                 (ii) The petitioner also prays for the
                                                 issuance          of         writ/writs,
                                                 direction/directions, order/orders in
             Patna High Court CWJC No.3777 of 2026(2) dt.18-03-2026
                                                         2/2




                                                       his favour in the fact         and
                                                       circumstances of this case.”

                                   3. After hearing the learned counsel for the petitioner

                       we find that there is no element of public interest is involved

                       this matter and there is no averment as per which it is found that

                       there is any kind of violation of any act or rules.

                                   4. This Court does not find any reason or occasion to

                       entertain the present application; accordingly the same stands

                       dismissed.



                                           (Sangam Kumar Sahoo, CJ)


                                                   (Harish Kumar, J)
supratim/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.