Disposed¶40

Thakur Prasad Tyagi v. The State of Bihar

Patna HC16 Feb 2026CWJC/21047/2025

Case brief

AI extract

What is this about?

Patna High Court; CWJC No.21047 of 2025; Thakur Prasad Tyagi v. State of Bihar & Others; Public Interest Litigation; public toilet; Plot No. 5227; Gair Majarua Malik; Mina Bazar; Traffic Chowk; Bettiah Municipal Corporation; Municipal Commissioner; Mayor; Government Medical College Bettiah; West Champaran; Disha Committee; Letter No. 1329 dated 01.09.2023; Proposal No.15; General Body meeting 19.07.2025; counter affidavit; nothing remains to be adjudicated; disposed; Sangam Kumar Sahoo (CJ); Harish Kumar (J); decided 16-02-2026.

What did the court decide?

In view of the stand taken by respondent no.7 in the counter affidavit, nothing more remains to be adjudicated in the present Public Interest Litigation. ¶38

Thakur Prasad Tyagi Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the Court should issue a direction to the Municipal Commissioner and the Mayor of Bettiah Municipal Corporation in respect of construction of the public toilet over Plot No. 5227 (petition instituted as a Public Interest Litigation).

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Court's answer

In view of the stand taken by respondent no.7 in the counter affidavit, nothing more remains to be adjudicated in the present Public Interest Litigation.

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Ratio / Principle

On perusal of the counter affidavit of respondent no.7 it is apparent that the public toilet had existed upon Plot No. 5227 for about 50 years, that its construction/renovation was approved in public interest, and that the construction work is already complete, rendering the grievance infructuous.

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Detailed headnote1 paragraphs

Public Interest Litigation (Civil Writ Jurisdiction Case No.21047 of 2025, Patna High Court) filed by Thakur Prasad Tyagi seeking issuance of a direction to the Municipal Commissioner and the Mayor of Bettiah Municipal Corporation concerning construction of a public toilet over Plot No. 5227 at Traffic Chowk, Near Mina Bazar, Bettiah. In the counter affidavit filed pursuant to order no.2 dated 09.01.2026, respondent no.7 (Municipal Commissioner) stated that the plot is recorded as Gair Majarua Malik (Parti Kadim); that a public toilet had existed on the plot for more than 50 years at the north-eastern corner outside the boundary of Government Medical College; that following a Disha Committee direction of 02.06.2023 (Letter No. 1329 dated 01.09.2023) and a General Body meeting of the Corporation Board on 19.07.2025 approving Proposal No.15, the dilapidated toilet's construction/renovation was taken up and is already complete. Holding that, in view of this stand, nothing more remained to be adjudicated, the Division Bench (Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar) disposed of the writ petition on 16-02-2026 without issuing any further direction.

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.21047 of 2025

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Thakur Prasad Tyagi, State Coordinator, Bihar Pradesh JP Senani Sangharsh Samiti, Resident of uttarwari Pokhra, Ward No. 04, Kalibagh O.P., P.O.Bettiah, P.S.- Bettiah Town, District- West Champaran, Bihar-845438.

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... ... Petitioner/s

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Versus

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

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

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The Principal Secretary, Department of Health, Government of Bihar, Patna.

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The District Magistrate, West Champaran, Bettiah.

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The Superintendent of Police, West Champaran, Bettiah.

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The Principal, Government Medical College, Bettiah.

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The Municipal Commissioner, Bettiah Municipal Corporation, West Champaran.

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The Mayor, Bettiah Municipal Corporation, West Champaran.

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The Circle Officer, Bettiah Sadar, West Champaran.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Shiv Kumar Dwivedy, Advocate For the State : Mr. Advocate General For the Corporation : Mr. Priyadarshi Matri Sharan, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

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(Per: HONOURABLE THE CHIEF JUSTICE)

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Patna High Court CWJC No.21047 of 2025 dt.16-02-2026 2/4

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Date : 16-02-2026

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This writ petition has been filed by Thakur Prasad Tyagi in the nature of Public Interest Litigation for issuance of a direction to the Municipal Commissioner and the Mayor of Bettiah Municipal Corporation for not prohibiting to construct Public toilet over Plot No. 5227.

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As per order no.2, dated 09.01.2026, the learned counsel for respondent no.7 has filed the counter affidavit wherein it is stated as follows:

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“4. That, the fact of this case in brief is that Plot No. 5227 admeasuring 5 Acre 99 Decimals equivalent to 4 Bigha 5 Katha is recorded in Khatiyan as Gair Majarua Malik (Parti Kadim).

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5. That, it is not out of place to mention here that, vide Letter No. 1329 dated 01.09.2023, a meeting of District Level Coordination and Monitoring Committee (Disha) was held on 02.06.2023 under the Chairmanship of Hon’ble Member of Parliament and from perusal of Para-12, it is evident that a direction has been given to the Municipal commissioner for making construction of Public Toilet at Mina Bazar, Bettiah.

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6. That, it is pertinent to mention that a Public toilet is/was in existence since more than 50 years upon Plot No. 5227 at the North-Eastern corner and outside the boundary of Government

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Patna High Court CWJC No.21047 of 2025 dt.16-02-2026 3/4

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Medical College, Traffic Chowk, Near Mina Bazar, Bettiah.

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7. That, it is further pertinent to mention that the condition of the existing toilet was very dilapidated. As such, in public interest, on 19.07.2025, a General Body meeting of the Municipal Corporation Board was covened under the Chairmanship of the Mayor and in presence of Ward Councillors and Officer and Officers and approval was given vide Proposal No.15 for making construction/renovation of the Public Toilet at the Traffic Chowk, Near Mina Bazar, Bettiah.”

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On perusal of such affidavit, it is apparent that

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the Public Toilet, in question, was in existence since 50 years upon Plot No. 5227 and since the condition of the Toilet was not good and it required renovation in public interest, a General Body Meeting of the Municipal Corporation Board was convened under the Chairmanship of the Mayor and in presence of Ward Councillors and Officers, proposal was approved regarding construction/renovation of the Public Toilet at the Traffic Chowk, Near Mina Bazar, Bettiah and the work order was issued and, in the meantime, the construction work of toilet is already over. The photographs have also also been annexed to the counter affidavit, filed by respondent no.7.

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