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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, CJ., RAJESH SHANKAR, J.
Arun Kumar Sahay, son of Late N. Sahay - Petitioner
Versus
The State of Jharkhand – Respondent
W.P.(PIL) No. 4826 of 2024
Decided On : 14-08-2025
| Table of Content |
|---|
| 1. petitioner's request for road construction. (Para 1) |
| 2. maintainability of public interest litigation. (Para 2) |
| 3. court's authority regarding municipal matters. (Para 3) |
| 4. conclusion on dismissal of pil. (Para 4) |
1) The instant writ petition has been filed for the following reliefs:
“1. That in this Writ Petition, the petitioner has approached this Hon’ble Court for issuance of an appropriate writ/writs, order/orders, direction/directions to the respondents for construction of pavement/road on the government land appertaining to Khata no. 33, Plot no. 2, which by nature is a Gair Majurwa Aam Land, which is vacant near the Swarnarekha River and has become a widespread dumping area by various localities nearby.
AND
That is this Writ Petition, the petitioner has approached this Hon’ble Court for issuance of an appropriate writ/writs, order/orders, direction/directions to the respondents for cleaning of the dumping area and to construct a pavement/road on the said plot situated at Aurobindo Nagar, Doranda, Ranchi, at the said portion of Gair Mujurwa Aam Land is located at Khata no. 33, near the bank of Swarnarekha river.
AND
The petitioner has further approached this Hon‘ble Court and states that the said dumping area on the aforesaid land is adjacent to educational institution and is the only shortest passage for availing medical facilities and hence the petitioner prays for construction of pavement/road over the aforesaid plot of land. ”
2) Clearly, this petition in the nature of Public Interest Litigation is not maintainable as the petitioner has not annexed a single representation whereby he had asked the authorities to redress his grievance.
3) Moreover, this Court cannot pass a direction to construct pavement/road on Government land as passing such direction would virtually amount to taking over the reins of the municipal authorities, which is impermissible in law. If at all the petitioner is aggrieved, he may approach the concerned authority and we have no doubt in our mind that in case he does so the authorities shall take adequate steps to redress his grievance.
4) Accordingly, this Public Interest Litigation is dismissed.
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