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Patna High Court

Krishna Kumar Singh @ Krishna Patel @ Krishna Singh PatelversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as the petitioner lacks locus standi and no enforceable legal right is infringed.

Summary

The petitioner, Krishna Kumar Singh, filed a writ petition seeking a mandamus directing various Bihar state authorities to adhere to their own earlier decisions and to halt the reconstruction of a drainage system that allegedly raised the level by 1 to 1.5 feet, causing water‑logging at his residence. The petition also asked the court to order demolition of the alleged illegal work and to direct reconstruction in accordance with the court’s earlier guidelines. The High Court examined whether the petitioner possessed a legal right or sufficient locus standi to invoke the court’s jurisdiction under Article 226. It held that the petitioner had no enforceable statutory or legal right and therefore lacked locus standi. Consequently, the court dismissed the writ application without entertaining the substantive reliefs sought.

Issues considered

  • Whether the petitioner has locus standi to file a writ under Article 226 of the Constitution of India.
  • Whether the court can issue a mandamus directing the state authorities to follow their own prior decisions and guidelines.
  • Whether the alleged violation of drainage construction norms warrants judicial intervention.

Subjects

  • Article 226
  • locus standi
  • mandamus
  • writ jurisdiction
  • drainage construction
  • water‑logging
  • public authority

Judgment

                             IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7521 of 2026
                 ======================================================
                 Krishna Kumar Singh @ Krishna Patel @ Krishna Singh Patel son of Late
                 Kashi Nath Singh, resident of Mohalla Gandhi Nagar, Ward No. 28, P S
                 Dehri, District Rohtas.

                                                                      ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Chief Secretary, Old Secretariat, Bihar,
                 Patna.
           2.    The Principal Secretary, Urban Development and Housing Department
                 Government of Bihar, Patna.
           3.    The Principal Secretary, Planning and Development Department,
                 Government of Bihar, Patna.
           4.    The Secretary, Road Construction Department, Government of Bihar,
                 Patna.
           5.    The Secretary, Rural Work Department, Government of Bihar, Patna.
           6.    The Deputy Secretary, Urban Development and Housing Department,
                 Government of Bihar, Patna.
           7.    The Collector cum the District Magistrate, Rohtas, District Rohtas.
           8.    The Sub Divisional Officer, Dehri, District Rohtas.
           9.    The Executive Officer, Dehri Nagar Parishad, Dehri, District Rohtas.

                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    : Mr. Amar Prakash, Adv.
                 For the Respondent No.9 : Mr. Avinash Kumar, Adv.
                                         : Mr. Kumar Satyam, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
                                               ORAL ORDER

2   25-06-2026                Heard learned counsel for the petitioner and

                  learned counsel appearing for the respondents.

                              2. The instant writ application has been filed

                  seeking following reliefs;

                                      “(1) For issuance of a writ in the nature
                               of Mandamus Commanding the Respondent
                               authorities to follow their own decisions vide
Patna High Court CWJC No.7521 of 2026(2) dt.25-06-2026
                                            2/3




                        Letter No. 1597 dated 10.07.2013 issued by the
                        Respondent No.6 in compliance of the general
                        orders and guidelines of this Hon’ble Court
                        dated 19.04.2010 passed C.W.J.C. No. 4839 of
                        2010 whereby and where under it is clearly
                        directed to construct the Road and Drainage
                        without increasing the e xisting level but by
                        violation the guidelines and different orders of
                        this Hon’ble Court, the Respondent No. 9 has
                        wrongly ordered to reconstruct the drainage by
                        increasing 1 to 1.5 feet high from the existing
                        level at Ward No. 28, Gandhi Nagar, Dehri on
                        Sone in the District of Rohtas.
                                 (ii) Further for issuance of an
                        appropriate writ directing the respondent State
                        authority to take an appropriate action against
                        all concerned who have willfully and
                        deliberately violated the guidelines and are
                        responsible for construction of drainage
                        beyond the norms causing severe water logging
                        near the house of the petitioner.
                                 (iii) Further for issuance of an
                        appropriate writ directing to the respondent
                        No.2 to enquire in to the matter immediately
                        and by ensuring demolition of wrong
                        construction, issue a direction to the
                        Respondent No.9 for reconstruction work in
                        accordance with the guidelines.
                                 (iv) Further for issuance of an
                        appropriate, writ/ order/ direction for which
                        the petitioner be found entitled to under the
                        facts and circumstances of the case.”

                      3. Considering the nature of prayer made in this

          writ application, this Court is of the view that the same does

          not warrant interference of this Court in exercise of powers
            Patna High Court CWJC No.7521 of 2026(2) dt.25-06-2026
                                                        3/3




                      conferred under Article 226 of the Constitution of India

                      because there is no legal or statutory right of the petitioner

                      is invaded or threatened which is condition precedent for

                      maintainability of writ application. The petitioner has no

                      locus standi in the matter, therefore, the writ application

                      deserves to be dismissed.

                                  4. Accordingly, this writ application is dismissed.




                                                 (Girijish Kumar, J)
brajesh/-

U


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