Patna High Court

Satyam KumarversusThe State of Bihar

Decided: 1 May 2026
Disposal: DISMISSED
Bench: THE CHIEF JUSTICE HARISH KUMAR

Holding

The petition is a vexatious publicity interest litigation and is dismissed with costs.

Summary

The petitioner, Satyam Kumar, filed a public interest litigation seeking various writs to quash a tender notice dated 18.07.2025 for constructing a football stadium on the premises of U.R. College, Rosera, and to protect the existing college playground. The respondents, including the State of Bihar and several departmental secretaries, filed a counter‑affidavit stating that the land is owned by the college, the stadium construction is sanctioned under the Mukhyamantri Khel Vikas Yojna, and no violation of rights occurs. The court examined the factual contentions and the nature of the petition, concluding that the suit is a publicity interest litigation and is vexatious. Consequently, the court dismissed the petition, imposed costs on the petitioner, and warned against filing similar actions in the future. No substantive merits on the writs were adjudicated.

Issues considered

Whether the tender notice for construction of a football stadium can be quashed by a writ of certiorari.
Whether the construction infringes any constitutional rights, particularly Article 21.
Whether the petition constitutes a genuine public interest litigation or a vexatious publicity interest litigation.
Whether costs should be imposed on the petitioner for filing a vexatious petition.

Subjects

public interest litigation
vexatious petition
writ of certiorari
writ of mandamus
construction of stadium
article 21
government land
costs

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4355 of 2026
======================================================
Satyam Kumar Son of Anil Kumar Yadav, Resident of village- Mauji, P.S.-
Hasanpur, District- Samastipur.

... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Main Secretariate, Patna.
2. The Secretary, Education Department Government of Bihar.
3. The Secretary Department of Sports, Government of Bihar.
4. The Secretary Building Construction Department, Government of Bihar.
5. The District Magistrate, Samastipur.
6. The Sub Divisional Officer, Rosera.
7. The Registrar, Lalit Narayan Mithila University, Kameshwaranagar,
Darbhanga.
8. The Principal, U.R. College Rosera, Samastipur.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Kumar, Adv.
For the Respondent/s : Mr. Additional Advocate General (4)
For the L.N.M.U. : Mr. Bindhyachal Rai, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

3 01-05-2026 The Public Interest Litigation has been filed seeking

following reliefs:-

“(A) For to issue a writ of certiorari
or any other appropriate writ (s)/
order (s) or direction(s) commanding
the respondents, to thereby quashing
the impugned Tenter notification
29/2025-26 dated 18.07.2025 issued
by respondent no. 1 for construction
on the Government College U.R.
College Rosera, Samastipur situated
Patna High Court CWJC No.4355 of 2026(3) dt.01-05-2026
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in Sahlair Burj ward no. 26 under
nagar parisad Rosera, Samastipur.
(B) For to issue a writ of
Mandamus writ(s)/ order(s) or
direction(s) commanding the
respondent to the state to construct the
proposed football stadium of radius
200 meter on alternative available
government land situated which is
Estere part of the land college at short
distance from the college.
(C) For to issue an
appropriate writ preferable in the
nature of Mandamus commanding
upon the respondent authorities to
protect and preserve the existing
college playground for villagers,
students, and public use and also
demise of the said college.
(D) For issuance of
appropriate writ preferable in the
nature of mandamus commanding
upon the respondents to stay a
construction activities.
(E) For issuance of any
other appropriate writ/ writs, order/
orders, direction/ directions as your
honor may deem fit and proper in
facts and circumstances of the case.”

2. The counter affidavit has been filed by respondent

nos. 5 and 6 wherein it has been quoted as follows:-

“9. That with regard to the statement
made in paragraph No. 5 it is stated
that the respondent no.- 3, Secretary
Department of Sports, Govt, of Bihar
issued Tender Notice -- 29/2025-26
Patna High Court CWJC No.4355 of 2026(3) dt.01-05-2026
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dtd.- 18.07.2025 for construction of
playground for football stadium in the
Govt. College, Rossera.
10. That with regard to the
statement made in paragraph No. 6 it
is stated that the proposed land is not
of public land rather the said land i.e.
Khata No.- 445, Khesra No. 371,
Area- 5 Acre 90 Decimal, Mauza-
Sahiyar Dih, Anchal-Rossera, Distt.-
Samastipur is own land of U.R.
College Rossera, which will be
apparent from the order sheet of
Circle Officer, Rossera in Misc.
Record No.-5 dtd. - 03.08.2019.
11. That the contents of
paragraphs No. 7 & 8 of writ petition
are also partly incorrect. This is
reality that due to construction of
football stadium there is nо deprived
of students and villagers.
This is hard fact that under
the scheme of "Mukhyamantri Khel
Vikas Yojna" Sanction made was for
construction of outdoor stadium in
U.R. College, Rossera Vide
Departmental Letter No. 279, Dtd.-
21.05.2025 Issued by Department of
Sports.
12. That during the
construction of stadium,. Students
Union filed a petition and requested
do not made boundary wall in the
playground as such in the light of said
petition spot verification was made by
S.D.O., Rossera, District Sports
Officer, Samastipur and Engineers of
Building construction of P.I.U,
Darbhanga and they found that there
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is no need of boundary wall of
playground, because previously
boundary wall is available, as such in
the light of said enquiry, D.M.,
Samastipur sent a Letter No.- 91 Dtd.-
20.02.2026 to Secretary, Sports
Department, Bihar Patna only for
construction of Stadium Aminity
Room, Athletics running track,
Volleyball and Basket ball court etc.
13. That this is hard fact
that under the scheme of
“Mukhyamantri Khel Vikas Yojna"
Joint Secretary, State of Bihar sent a
Letter to A.G. Bihar, Patna Vide Letter
No. 279, Dtd.- 21.05.2025 regarding
the administration acceptance for
construction of football stadium with
200 meter Athletic Track at U.R.
College, Rossera, under District
Samastipur. From the perusal of said
letter of Para- 4 and 5 it is clear that
controlling Officer of said Sanction
will be Secretary, Building
Construction Department, Patna and
Disbursing Officer also will be
building construction Department and
in Para- 6 of said Letter it has been
and in mentioned that after
competition of the said scheme, the
building construction Department will
handover to District Magistrate,
Samastipur (Respondent No.- 05).
14. That, in the light of said
letter District Sports Officer,
Samastipur sent a copy of Letter No.
312, dtd.- 22.05.2025 to the D.M.,
Samastipur (Respondent No.0 05).
15. That in the light of
Patna High Court CWJC No.4355 of 2026(3) dt.01-05-2026
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Letter No.- 43, Dtd.- 24.06.2019
issued by District Sports Officer,
Samastipur for proposal of
construction of Block Level outdoor
stadium in U.R. College, Rossera. The
Principle of U.R. College, Rossera
issued a "No objection Certificate
Vide Letter No. 129/19 Dtd.
02.08.2019
16. That the contents of
Para 9 and 10 of writ petition are also
incorrect. There is no sufficient
alternative govt, land available at a
reasonable distance from the College
Campus for the beneficiary of
students.
17. That the contents of
Para- 11 and 12 of the writ petition
are also incorrect. That once the
proposed stadium is constructed at the
said location there is no difficult to the
College and no natural light and
ventilation will be affected and after
satisfaction of Principal of said
College issued no Objection
Certificate Vide Letter No.-129/19,
Dtd.-02.08.2019.
18. That the contents of
paragraph No. 13 to 18 of writ
petition are also incorrect because the
proposed land is beneficiary and
suitable for the students and after
proper verification by Circle Officer,
Rossera, D.C.L.R. Rossera and
S.D.O., Rossera proposed land has
been selected for construction of
stadium and Principal of said College
has also been issued no objection
certificate.
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19. That with regard to the
statement made in paragraph No. 19
it is stated that the alleged public
petition has been filed due to local
political rivalry. There is no violation
of article 21 of the constitution of
India.”

3. After going through the materials available on

record, especially the counter affidavit, we find that it is a

Publicity Interest Litigation and we are proposing to impose

cost for filing such vexatious petition, however with warning to

the petitioner not to repeat such activities in future, the public

interest litigation stands dismissed.

(Sangam Kumar Sahoo, CJ)

(Harish Kumar, J)
supratim/-

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