IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3530 of 2025 ======================================================

Sadan Chandra Son of Bisheshwar Prasad Resident of Ward no.08, Nagar Prishad, Jhanjharpur, District- Madhubani.

... ... Petitioner/s Versus

1. The State of Bihar Bihar

2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3. The Secretary, Road Construction Department, Government of Bihar, Patna.

4. The District Magistrate, Madhubani.

5. The Executive Engineer, Road Construction Department, Road Division, Jhajharpur, District-Madhubani

6. The Sub Divisional Magistrate, Jhanjharpur, District Madhubani

7. The Circle Officer, Jhanjharpur, District Madhubani

8. The Nagar Parishad, Jharjharpur through its Executive Officer, Jhanjharpur, District- Madhubani.

9. The Chairman, Nagar Parishad, Jhanjharpur.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Baleshwar Kamat, Advocate For the State : Mr. Vikash Kumar AC to AG For the R No. 8 & 9 : Mr. Manoj Kumar, Advocate Mr. Raj Narayan Mishra, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 19-01-2026 This writ petition in the nature of Public Interest Litigation has been filed seeking for following reliefs:-

“That this writ application in the form of Public Interest Litigation (P.I.L.) is being filed by the petitioner in the representative capacity of the residents of the Nagar Parishad, Jhanjharpur for issuance of an appropriate writ or direction in the nature of mandamus commanding the Nagar Parishad, Jhanjharpur (Respondent No.8) to refrain from making construction of market complex on public road running from Mohna N.H.27, Thana Chowk to the Saw Mill of Jugal Shah, which is the lifeline of the local residents of the Jhanjharpur Nagar Parishad, and for any other relief or reliefs for which the petitioner is entitled under the law.”

2. Counter affidavit has been filed by respondent no. 8 Nagar Parishad, Jhanjharpur through the Executive Officer, wherein, in paragraph nos. 4 to 13, it is stated as follows:-

“4. That on 25/02/2019, the Deputy Secretary, Urban Development and Housing Department, sent a letter vide letter no. 1265 to the Executive Officer, Nagar Parishad, Siwan regarding raising point according to the provision of Bihar Minicipal Corporation Act, 2007 and advising the Municipal bodies to construct market complex on their own to increase their resources and receive money by renting or selling shops in market complex. The municipal body in itself is capable of constructing market complex by taking the decision of its board.

5. That on 1/08/2024, the Executive officer, Nagar Parishad, Jhanjharpur sent a letter vide letter no. 867 to additional Director, Urban Development and Housing Department seeking guidance as to whether the market complex can be constructed using the internal resources or not, in the light of proposal no. 35 of the empowered standing committee meeting of Nagra Parishad, Janjgarpur held on 13/07/2024.

6. That on 06.08.2024 the Executive officer Jhanjharpur has sent a letter to SDO Jhanjharpur for demand the police force removal the encroachment from ward No-3& 4 from Ram Chowk to Thana Chowk and Thana Chowk to west post office Chowk on the said road several persons have encroached the road and construct permanent encroachment on road.

7. That on 08.08.2024 vide letter no-512 the SDO Jhanjharpur has passed the order to remove the encroachment on road and date has been fixed on 10.08.2024 for removal of encroachment and letter has been sent to the concern authority.

8. That on 28.10.2024 vide letter no-32 the Ass.Enginer Road Construction Depart. Jhanjharpur sent a letter to Executive officer Jhanjharpur for stop the work on the construction which has been made on the border of Road