IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10973 of 2025 ======================================================

Sanjay Kumar Singh S/o Kapaleshwar Prasad Singh, Resident of Ward No.

25, Batraha, P.S.- Saharsa, District- Saharsa.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

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

3. The District Magistrate, Saharsa.

4. The Municipal Corporation, through its Municipal Commissioner, Saharsa.

5. The Municipal Commissioner, Municipal Corporation, Saharsa. 6. The District Compassionate Appointment Committee, Saharsa.

7. Rajan Kumar S/o Megham Baitha, R/o Village- Not Known, P.S.- Not Known, District- Not Known, at present- Tax Daroga, Municipal Corporation, Saharsa.

8. Santosh Kumar S/o Dashrath Sah, R/o Village- Not Known, P.S.- Not Known, District- Not Known, at present- Najir, Municipal Corporation, Saharsa.

9. Neeraj Kumar Verma S/o Hariskrishna Das, R/o Village- Not Known, P.S.-

Not Known, District- Not Known, at present- Senior Clerk, Municipal Corporation, Saharsa.

10. Shekhar Kumar Shukla Son of not known, R/o Village- Not Known, P.S.-

Not Known, District- Not Known, at present- Principal Assistant, Municipal Corporation, Saharsa.

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

Appearance :

For the Petitioner/s : Mr. Samir Kumar, Adv. For the Respondent/s : Mr. Advocate General For the Nagar Nigam, Saharsa : Mr. Sanjeev Kumar, Advocate Mr. Pravashankar Mishra, Advocate Mr. Navneet Dubey, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 20-02-2026 The writ petition has been filed by Sanjay Kumar Singh seeking for following reliefs :-

“i. For issuance of writ/writs, order/orders in the nature of mandamus for setting up impartial three- member committee to conduct a detailed enquiry with regard to the illegal appointments being conducted in the Saharsa Municipal Corporation (Respondent no.4).

ii. For issuance of writ/writs, order/orders in the nature of mandamusdirecting the authorities to consider the representation filed by the petitioner and initiate appropriate action against persons who have illegally appointed in the Saharsa Municipal Corporation including the private Respondents.

iii. For issuance of writ/writs, order/orders in the nature of mandamus directing the respondent authority to take action against the erring authorities who have appointed private respondents wrongly.

iv. Any other relief which the applicant may deemed to be found entitled in the facts and circumstances of the case.”

2. A counter affidavit, dated 17.09.2025, has been filed on behalf of respondent nos. 4 and 5 by one Prabhat Kumar Jha, Executive Officer, Saharsa Nagar Nigam wherein in paragraph nos. 6, 7 and 8 it has been stated as follows:-

“6. That it is humbly submitted that the Hon'ble Supreme Court in case of Duryodhan Sahu (Dr.) v/s Jitendra Kumar Mishra held that in service matters Public Interest Litigation should not be entertained. Therefore, on this ground alone whether the regular appointments or irregular appointments are made, may kindly not be looked into in such Public Interest Litigation.

7. That the locus of the petitioner is not clear, as the petitioner has not disclosed regarding his credentials as Public spirited person. The petitioner has merely averred in paragraph no.3 of the writ petition that the petitioner is socially motivated person who is interested in social development of the nation which is not consonance with the concept of Public Interest Litigation.

8. That the petitioner has efficacious remedy of redressal of grievances. Hence, in the light of above, the present Public Interest Litigation is fit to be dismissed.”

3. A supplementary counter aff