Patna High Court

Ram Kumar SahversusThe State of Bihar

Decided: 21 April 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The petition is not maintainable under Article 226 because it raises a public cause and must be pursued as a Public Interest Litigation.

Summary

Ram Kumar Sah filed a writ petition in the Patna High Court challenging actions of the State of Bihar and its officials, alleging a public cause. The Court examined whether the petition could be entertained under Article 226 of the Constitution. It observed that the relief sought pertained to a public interest matter rather than a private grievance. Consequently, the petition was held not maintainable under Article 226. The Court advised the petitioner that the appropriate remedy is to file a Public Interest Litigation. The writ petition was therefore disposed of.

Issues considered

Whether the writ petition is maintainable under Article 226 of the Constitution of India
Whether the petitioner should be directed to file a Public Interest Litigation

Subjects

Article 226
Public Interest Litigation
writ petition
maintainability
civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5203 of 2026
                  ======================================================
                  Ram Kumar Sah S/o- Sukdev Sah Resident of Village- Baliya Pokhra P.S.
                  Maharajganj, District Siwan, Bihar.
                                                                             ... ... Petitioner/s
                                                      Versus
             1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
             2.   The Principal Secretary, Food and Consumer Protection Department,
                  Government of Bihar, Patna.
             3.   The District Magistrate, Siwan.
             4.   The District Supply Officer, Siwan.
             5.   The Sub-Divisional Officer, Maharajganj, District Siwan
                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :       Mr.Ashok Kumar, Adv.
                  For the Respondent/s    :       Mr.Addl. Advocate General (13)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                        ORAL ORDER

2    21-04-2026                 A perusal of the relief sought by the petitioner in the

                    present writ petition reveals that the petitioner is espousing a public

                    cause.

                                2. Having regard to the same, the present writ petition is

                    not maintainable under Article 226 of the Constitution of India.

                    However, if the petitioner is so advised, he is at liberty to file a

                    Public Interest Litigation.

                                3. With the above direction, the present writ petition

                    stands disposed of.


                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U

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