Vijay Kumar v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16090 of 2024 ====================================================== Vijay Kumar Son of Bhagwan Lal Sah Resident of Ward No.8, Kanhauli, P.S.- Sadar, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Collector, Sitamarhi.

4.

The Sub Divisional Officer, Sitamarhi Sadar, Sitamarhi. 5.

The Circle Officer, Sonversha Circle, District- Sitamarhi. 6.

The Superintendent of Police, District Police Headquarter DistrictSitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvnendra Kumar Thakur, Advocate For the Respondent/s :

Mr. P.K Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 28-02-2025 The petitioner is aggrieved by the decision of the Zila Parishad in constructing an additional crematorium/burning ground when one was already existing in the village.

2. The objection is two fold, viz., that it is in the middle of the village whereas a burning ground is always located in the outskirts of the village in question and that

Patna High Court CWJC No.16090 of 2024 dt.28-02-2025 2/3 the better policy would have been to refurbish the old crematorium rather than having a new crematorium, which decision is based on no inputs of the number of deaths in the locality, necessitating an additional crematorium.

3. It appears that a decision was taken by the Zila Parishad to have a burning ground/crematorium on its own land.

4. There is no rule prohibiting more than one burning ghat/crematorium in an area.

5. The petitioner has not been able to show any cause for any interference in the matter. The only objection of the petitioner, worth noting, is that the location of such new burning ghat/crematorium is not appropriate and that it should be located outside the boundary of the populace.

6. There could be different notion about it.

7. Death takes place only in the populace and, therefore, an easily accessible burning ghat would only be

Patna High Court CWJC No.16090 of 2024 dt.28-02-2025 3/3 more convenient for the people at large.

8. In any view of the matter, finding no fault with the creation of the crematorium/burning ghat and that also an additional one, we dismiss this petition as being meritless.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Shiv/Rajesh AFR/NAFR NAFR CAV DATE N/A Uploading Date 03.03.2025 Transmission Date