Narendra Kumar v. The East Central Railway, Hajipur

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18584 of 2025 ====================================================== Narendra Kumar son of Rajaram Singh, resident of village-Banwaripur, P.O. and P.S.-Hilsa, District-Nalanda.

... ... Petitioner/s

Versus

1.

The East Central Railway, Hajipur through its General Manager, Hajipur, Vaishali.

2.

The Divisional Railway Manager, East Central Railway, Danapur Division, Danapur, Patna.

3.

The Senior Divisional Engineer (1), East Central Railway, D.R.M. Office, Danapur, Patna.

4.

The Assistant Divisional Manager, East Central Railway, Rajgir, Nalanda. 5.

The District Magistrate, Nalanda, at Bihar Sharif. 6.

The Sub-Divisional Officer, Hilsa, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Pankaj, Adv.

For the State :

Mr. Kinkar Kumar, SC-9 Mr. Shashank Shekhar Dubey, AC to SC-9 For the Railways :

Mr. Satyendra Kumar Jha, CGC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-02-2026 In pursuance of the order dated 28.01.2026, a supplementary counter affidavit has been filed on behalf of the respondent nos. 5 and 6 duly sworn by one Mr. Brijesh Kumar Maurya, Executive Magistrate Hilsa, Nalanda.

2. The writ petitioner by filing the present Public Interest Litigation seeking issuance of necessary direction to the respondent authorities to open the level crossing no. 18/C in

Patna High Court CWJC No.18584 of 2025 dt.16-02-2026 2/3 Fatuha-Islampur Section of Danapur Division of East Central Railway, in view of the original proposal to keep open the level crossing no. 18/C and closing level crossing no. 17/C. The petitioner is raising objection that upon construction of ROB gate no. 18/C shall be closed. Hence he is issuing for opening of gate no. 18//C.

3. In the supplementary counter affidavit dated 12.02.2026, filed by respondent nos. 5 and 6, it is stated as follows:- "5. That in compliance of the Hon'ble Court order dated 13-01-2026 a meeting was held on 30-01-2026 in presence of Anil Kumar Singh, Sr. Divisional Engineer (1), Eastern Railway, Danapur, S.D.M, Hilsa and petitioner Narendra Kumar and others. In course of meeting direction of Hon'ble High Court was apprised to all present persons.

6. That the Sr. Divisional Engineer (1), Eastern Railway, Danapur stated that if necessary steps is taken for closer of 17/c and opening of 18/c, prior order shall be taken from the Railway Board for which at least one month time is required. After that process closure of 17/c and opening of 18/c can be done.

7. That it is also apprised that construction of ROB is in process by which problem would be resolved permanently and gate no. 18/c shall be closed after construction

Patna High Court CWJC No.18584 of 2025 dt.16-02-2026 3/3 of ROB. It was stated that construction of ROB would be completed possibly within 4 months. In this regard petitioner said that gate no 18/c must be opened at any cost. He did not accept the proposal of the officers of Indian Railway, he differed with opinion. The S.D.M., Hilsa apprised to all present persons that order of the Hon'ble Court shall be complied totally. The meeting concluded with aforesaid decision."

4. It is apparent through the supplementary counter affidavit filed by respondent nos. 5 and 6 that construction of ROB (Railway Over Bridge) is under process and the same shall be completed within four months. Once the construction is over, then the problem would be resolved permanently.

5. In view of the affidavit filed, we are of the view that no further issues remain to be addressed in the Public Interest Litigation and accordingly the same stands dismissed. (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) shivank/rohitAFR/NAFR NAFR CAV DATE NA Uploading Date 17.02.2026 Transmission Date NA