Satyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4355 of 2026 ====================================================== Satyam Kumar Son of Anil Kumar Yadav, Resident of village- Mauji, P.S.- Hasanpur, District- Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Chief Secretary, Main Secretariate, Patna. 2.
The Secretary, Education Department Government of Bihar. 3.
The Secretary Department of Sports, Government of Bihar. 4.
The Secretary Building Construction Department, Government of Bihar. 5.
The District Magistrate, Samastipur.
6.
The Sub Divisional Officer, Rosera.
7.
The Registrar, Lalit Narayan Mithila University, Kameshwaranagar, Darbhanga.
8.
The Principal, U.R. College Rosera, Samastipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Navin Kumar, Adv.
For the Respondent/s :
Mr. Additional Advocate General (4) For the L.N.M.U.
:
Mr. Bindhyachal Rai, Adv.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 01-05-2026 The Public Interest Litigation has been filed seeking following reliefs:- "(A) For to issue a writ of certiorari or any other appropriate writ (s)/ order (s) or direction(s) commanding the respondents, to thereby quashing the impugned Tenter notification 29/2025-26 dated 18.07.2025 issued by respondent no. 1 for construction on the Government College U.R.
College Rosera, Samastipur situated
2/6 in Sahlair Burj ward no. 26 under nagar parisad Rosera, Samastipur.
(B) For to issue a writ of Mandamus writ(s)/ order(s) or direction(s) commanding the respondent to the state to construct the proposed football stadium of radius 200 meter on alternative available government land situated which is Estere part of the land college at short distance from the college.
(C) For to issue an appropriate writ preferable in the nature of Mandamus commanding upon the respondent authorities to protect and preserve the existing college playground for villagers, students, and public use and also demise of the said college.
(D) For issuance of appropriate writ preferable in the nature of mandamus commanding upon the respondents to stay a construction activities.
(E) For issuance of any other appropriate writ/ writs, order/ orders, direction/ directions as your honor may deem fit and proper in facts and circumstances of the case."
2. The counter affidavit has been filed by respondent nos. 5 and 6 wherein it has been quoted as follows:- "9. That with regard to the statement made in paragraph No. 5 it is stated that the respondent no.- 3, Secretary Department of Sports, Govt, of Bihar issued Tender Notice -- 29/2025-26
3/6 dtd.- 18.07.2025 for construction of playground for football stadium in the Govt. College, Rossera.
10. That with regard to the statement made in paragraph No. 6 it is stated that the proposed land is not of public land rather the said land i.e.
Khata No.- 445, Khesra No. 371, Area- 5 Acre 90 Decimal, MauzaSahiyar Dih, Anchal-Rossera, Distt.- Samastipur is own land of U.R.
College Rossera, which will be apparent from the order sheet of Circle Officer, Rossera in Misc.
Record No.-5 dtd. - 03.08.2019.
11. That the contents of paragraphs No. 7 & 8 of writ petition are also partly incorrect. This is reality that due to construction of football stadium there is nо deprived of students and villagers.
This is hard fact that under the scheme of "Mukhyamantri Khel Vikas Yojna" Sanction made was for construction of outdoor stadium in U.R. College, Rossera Vide Departmental Letter No. 279, Dtd.- 21.05.2025 Issued by Department of Sports.
12. That during the construction of stadium,. Students Union filed a petition and requested do not made boundary wall in the playground as such in the light of said petition spot verification was made by S.D.O., Rossera, District Sports Officer, Samastipur and Engineers of Building construction of P.I.U, Darbhanga and they found that there
4/6 is no need of boundary wall of playground, because previously boundary wall is available, as such in the light of said enquiry, D.M., Samastipur sent a Letter No.- 91 Dtd.- 20.02.2026 to Secretary, Sports Department, Bihar Patna only for construction of Stadium Aminity Room, Athletics running track, Volleyball and Basket ball court etc.
13. That this is hard fact that under the scheme of "Mukhyamantri Khel Vikas Yojna"
Joint Secretary, State of Bihar sent a Letter to A.G. Bihar, Patna Vide Letter No. 279, Dtd.- 21.05.2025 regarding the administration acceptance for construction of football stadium with 200 meter Athletic Track at U.R.
College, Rossera, under District Samastipur. From the perusal of said letter of Para- 4 and 5 it is clear that controlling Officer of said Sanction will be Secretary, Building Construction Department, Patna and Disbursing Officer also will be building construction Department and in Para- 6 of said Letter it has been and in mentioned that after competition of the said scheme, the building construction Department will handover to District Magistrate, Samastipur (Respondent No.- 05).
14. That, in the light of said letter District Sports Officer, Samastipur sent a copy of Letter No.
312, dtd.- 22.05.2025 to the D.M., Samastipur (Respondent No.0 05).
15. That in the light of
5/6 Letter No.- 43, Dtd.- 24.06.2019 issued by District Sports Officer, Samastipur for proposal of construction of Block Level outdoor stadium in U.R. College, Rossera. The Principle of U.R. College, Rossera issued a "No objection Certificate Vide Letter No. 129/19 Dtd.
02.08.2019
16. That the contents of Para 9 and 10 of writ petition are also incorrect. There is no sufficient alternative govt, land available at a reasonable distance from the College Campus for the beneficiary of students.
17. That the contents of Para- 11 and 12 of the writ petition are also incorrect. That once the proposed stadium is constructed at the said location there is no difficult to the College and no natural light and ventilation will be affected and after satisfaction of Principal of said College issued no Objection Certificate Vide Letter No.-129/19, Dtd.-02.08.2019.
18. That the contents of paragraph No. 13 to 18 of writ petition are also incorrect because the proposed land is beneficiary and suitable for the students and after proper verification by Circle Officer, Rossera, D.C.L.R. Rossera and S.D.O., Rossera proposed land has been selected for construction of stadium and Principal of said College has also been issued no objection certificate.
6/6
19. That with regard to the statement made in paragraph No. 19 it is stated that the alleged public petition has been filed due to local political rivalry. There is no violation of article 21 of the constitution of India."
3. After going through the materials available on record, especially the counter affidavit, we find that it is a Publicity Interest Litigation and we are proposing to impose cost for filing such vexatious petition, however with warning to the petitioner not to repeat such activities in future, the public interest litigation stands dismissed.
(Sangam Kumar Sahoo, CJ) (Harish Kumar, J) supratim/- U