CWJC/11796/2026 of Sonu Kumar Vs The State of Bihar on 17 August 2026

ORAL ORDER

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

17-08-2026 Heard learned counsel for the parties.

2. The present writ application has been filed in the form of Public Interest Litigation for the following reliefs: "1 (I). For issuance of a writ in the nature of Mandamus, or any other appropriate writ, order or direction, directing the Respondent- authorities to obtain and place on record a proper Environmental Impact Assessment and the requisite wildlife/environmental clearance, having regard to the presence of the Gangetic Dolphin, the National Aquatic Animal of India, in the adjoining stretch of the river Ganga, before undertaking or permitting any widening, strengthening or construction activity along the Chakia-Lakhminia Gupta Bandh; (II). For issuance of a writ in the authorities to examine and, if found feasible, align any additional land required for the said widening/strengthening work along the riverside, being largely vacant land, in preference to the country-side of the Bandh, which is thickly populated, so as to minimise displacement of the land owners and other residents; (III). For issuance of writ in the nature of Mandamus directing the Respondent- authorities to take appropriate steps towards the rehabilitation of the approximately 400 families displaced on account of bank erosion ("katau") of the River Ganga in the Dariyapur region, consistent with the assurances earlier held out to them, before undertaking any further work along the said alignment; (IV) For issuance of a writ in the authorities to forthwith remove the un-lawfully erected survey markings and pillars already placed upon the lawful Raiyats recorded private land & house based on mere assumption, and to refrain from executing any part of the work under NIT No. RCD/09/Beg/2025-26 (and the 5th Corrigendum thereto) over the said lands, until acquisition thereof is duly completed in accordance with law; (V) For issuance of a writ in the nature of Mandamus directing Respondent No. 6 (District Magistrate-cum-Collector, Begusarai) and the other concerned Resppondent-authorities to forthwith consider and dispose of the Petitioners representation dated 29.06.2026 by a reasoned, speaking order, within a time-frmae to be fixed by this Hon'ble Court; (VI) For any other relief or reliefs to which the Petitioners are found entitled in the facts and circumstances of the case."

3. Learned counsel for the petitioners have made the following averments in paragraph no. 3 of the writ petition: "3. That the entire cause of action has arisen within the territorial jurisdiction of this Hon'ble Court and the petitioners are citizen of India. There is no direct or indirect interest of the petitioners in this case or with regard to the issue raised by the petitioners."

4. A small statement has been made that the petitioners have no direct or indirect interest in the subject matter of the writ petition.

5. Further, from Annexure P/8, it appears that a representation was made by the petitioners before the authority concerned, wherein they have stated as follows:- "1. That the applicants are the recorded raiyats and land owners of the lands situate along the alignment of the Chakia-Lakhminia Gupta Bandh in District Begusarai, and they espouse the present cause both as persons directly and prejudicially affecte, and, more importantly, in the larger public and environmental interest of flood safety, the protection of the Gangetic dolphin and the riverine ecology, and the rule of law."

6. The aforesaid statement made in the representation indicates that the petitioners themselves claim to be the recorded raiyats and land owners of the lands situated along the alignment of the Chakia-Lakhminia Gupta Bandh and expressly state that they are directly and prejudicially affected by the subject matter. This is clearly at variance with the declaration made in paragraph no. 3 of the writ petition that they have no direct or indirect interest in the matter.

7. However, the parameters governing the institution and maintainability of a Public Interest Litigation before this Court, as contained in Chapter XXI-CC of the Rules of the High Court at Patna, 1916, require the petitioner to disclose his interest, credentials and qualifications relevant for the PIL, along with a declaration regarding absence of any personal interest, direct or indirect, in the subject matter of the PIL. The relevant rules are reproduced hereinbelow :- “6. To facilitate the aforesaid purpose, a petitioner in a PIL shall state in clear terms the relief prayed for in paragraph-1 of the petition and the grounds in paragraph-2. In paragraph-3, he must give full and complete details of himself to reveal his interest, credentials and qualification relevant for the PIL, along with a declaration that he has no personal interest, direct or indirect, in the subject matter of the PIL. In addition, ordinarily, the petitioner is required to set out all relevant facts with supporting data, reports, etc.

7. After arriving at a prima facie satisfaction regarding the credentials of the petitioner and the correctness of the contents of the petition, if the Court finds that the petition was filed by busybodies for extraneous or ulterior motives, the Bench may impose exemplary costs.”

8. In view of the aforesaid inconsistency and the failure of the petitioners to comply with the requirements governing the institution and maintainability of a Public Interest Litigation before this Court, we are not inclined to entertain the present writ application.

9. Accordingly, the present writ application stands dismissed.

10. Pending application(s), if any, shall also stands disposed of.

vanisha/anushka (Sudhir Singh, ACJ) ( Rajesh Kumar Verma, J) U