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2026 DAILYLAW 34147 (PAT)

Vipin Kumar (NH-30-Patna Bakhtiyarpur section on BOT (Toll)) v. The Union of India

CWJC/3022/2022 · 2026-02-18

Harish Kumar

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3022 of 2022 ====================================================== Vipin Kumar (NH-30-Patna Bakhtiyarpur section on BOT (Toll)) Son of Ramashish Prasad Singh Resident of Mohalla- Mahuabagh, P.S.- Rupaspur, District- Patna ... ... Petitioner/s Versus 1. The Union of India through the Secretary, Department of Ministry of Road Transport and Highway Authority of India, New Delhi. 2. The Secretary, Department of Ministry of Road Transport and Highway Authority of India, New Delhi. 3. The National Highway Authority through its Chairman. 4. The Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna. 5. The District Magistrate, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vipin Kumar ( In Person), Advocate For the Respondent/s : Mr. Dr. K. N. Singh (Asg) For the NHAI : Mr. Dr. K. N. Singh, Sr. Advocate Mr. Kumar Goutam, Advocate Ms. Priyanshu Kumari, Advocate Ms. Iti Suman, Advocate Mr. Shivaditya Dhari Sinha, Advocate Mr. Abhinav, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-02-2026 This writ petition in the nature of Public Interest Litigation has been filed with the prayer for a direction to the respondents to construct and complete the project of National Highway No. 13, Patna, Bakhtiyarpur road with promptitude. 2. When the matter was taken up on 11.02.2026, Patna High Court CWJC No.3022 of 2022 dt.18-02-2026 2/4 keeping in view the order dated 17.12.2025, we asked the learned counsel for the State to obtain instruction whether the Chief Secretary has authorized any competent officer to examine the issues involved in the project and to take appropriate steps for expeditious resolution and to ensure the completion of the project at an earliest. 3. In terms of such order, supplementary counter affidavit has been filed on behalf of the Chief Secretary, Bihar, duly sworn by one Sanjay Kumar Bharti, Chief Engineer, NH (South Wing), Bihar, Patna, wherein it is stated as follows:- “6. That it is humbly submitted that in compliance of order dated 17.12.2025 and 11.02.2026 passed in the instant matter secretary the Chief State of Bihar has authorized the Secretary, Road Construction Department, Bihar, Patna to co-ordinate with the various stake holder for the competition of the Patna Bakhtiarpur -NH -30 project vide letter issued under memo no 603 dated 16.02.2026. 7. That for compliance of the court order, the Secretary immediately called a meeting of various stake holders on 16.02.2026 itself. The Secretary Urban Development Department cum Managing Director Metro, Managing Director ,BUDCO, Project Director NHAI and Chief Engineer, NH wing South Bihar were present in the meeting. 8. That it has been informed by the Project Patna High Court CWJC No.3022 of 2022 dt.18-02-2026 3/4 Director, NHAI that the Project of Patna Bakhtiarpur which was being constructed by the NHAI, has been completed and completion certificate has been issued on 17.11.2025. 9. That it has been further informed that certain work of construction of drain/service Road etc which was hindered, has been de scoped from the work of the concessionaire of the Project. 10. That it has also been informed by the NHAI that balance/de scoped work of this project has been taken up in the newly sanctioned Project namely construction of Anisabad to Deedarganj Section of NH 31 feom junction with NH 83 and terminating after Deedarganj Junction on NH -31 on Hybrid Annuity Mode.” 4. Copy of such affidavit has been served on the learned counsel for the NHAI so also the learned counsel for the petitioner. 5. Referring to the counter affidavit, it is informed to the Court that the project of Patna, Bakhtiyarpur which was being constructed by NHAI has already been completed and the completion certificate has been issued. Certain works relating to drain and service road etc. have been de scoped from the work of the concessionaire of the project and it has been taken up in the newly sanctioned project, namely, Construction of Anisabad Patna High Court CWJC No.3022 of 2022 dt.18-02-2026 4/4 to Deedarganj Section of NH-31 from Junction with NH-83 and terminating after Deedarganj Junction on NH-31 on Hybrid Annuity Mode. 6. In view of afore-noted facts, no further order is required to be passed in this Public Interest Litigation. 7. Accordingly, the same is disposed of. 8. It is expected that the concerned authorities shall do the needful to expedite the work which has been de scoped. guddukr/- (Sangam Kumar Sahoo, CJ) ( Harish Kumar, J) AFR/NAFR CAV DATE Uploading Date 20.02.2026 Transmission Date