Patna High Court - Orders
Ankita Kumari vs The State Of Bihar on 21 November, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4079 of 2025
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Ankita Kumari Daughter of Mr. Arun Kumar, Resident of Rampur Chai, P.O-
Rampur Chai, P.S.-Karpi, District- Arwal, Bihar- 804428, presently residing
at D-304, Majestic Janki City, East Gola Road, PO and PS- Rupaspur,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Additional Chief Secretary, Department of Tourism, State of Bihar,
Bihar, Patna.
3. The Additional Chief Secretary, Department of Environment and Forest,
State of Bihar, Bihar, Patna.
4. Bihar Rajya Pul Nirman Nigam Limited, through its Managing Director,
having its registered office at 7, Sardar Patel Marg, Bihar, Patna- 800015.
5. Archaeological Survey of India, New Delhi through its Director, Block No.
703, Lok Nayak Jai Prakash Bhavan, Fraser Road, Patna.
6. Ministry of Environment, Forest and Climate Change, Union of India
through its Secretary, having office at Indira Paryavaran Bhawan, Jorbagh,
New Delhi.
7. The State Environment Impact Assessment Authority, Bihar, Patna through
its Member Secretary, having office at 2nd Floor, Beltron, Baldev Bhawan
Road, PO and PS Shastrinagar, Patna.
8. Damodar Ropeways and Infra Limited, through its MD, having its registered
office at 1/A, Vansittart Row, Damodar House, Kolkata- 700001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Aditya Prakash Sahay, Advocate
Mr. Rajeev Kumar Singh, Advocate
For the State : Mr. Government Advocate-11
Mr. Prabhat Kumar, AC to GA-11
For Respondent No.4 : Mr. P.K. Shahi, Senior Advocate
Patna High Court CWJC No.4079 of 2025(3) dt.21-11-2025
2/5
Mr. Raghwanand, Advocate
For the UOI : Dr. K.N. Singh, ASG
Mr. Rajesh Kumar, CGC
For the SEIAA : Mr. Kumar Ravish, Advocate
Mr. Rohit Kumar, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
3 21-11-2025Re: I.A. No. 01 of 2025 The instant interlocutory application has been filed by the intervenor seeking a direction for constitution of a high-level technical committee to inspect the work being carried out by the respondent No. 8.
2. Having considered the averments made and the submissions advanced, we are of the view that the prayer made in the present interlocutory application does not warrant indulgence of this Court.
3. Hence, I.A. No. 01 of 2025 stands dismissed.
Re: CWJC No. 4079 of 2025
4. The writ application has been filed for following reliefs:
"a. For issuance of order(s), directions(s), writ(s) particularly in the nature of writ of Mandamus directing the respondent authorities to ensure that the shocking same incident may not repeat, which took place on 11.08.2024 when on auspicious Monday Patna High Court CWJC No.4079 of 2025(3) dt.21-11-2025 3/5 morning of the Shrawan month, there was huge overcrowding at the Shiddheswar Nath temple, Vanavar Hills in the district of Jehanabad and due to the over- crowding on a very small hill top, the pilgrims started pushing each other leading to stampede and the fall of fencing and railings, which ultimately led to death of 7 (seven) pilgrims and severe injuries to several others.
Despite the shocking incident of 11.08.2024, the respondents are continuing to construct 2 ropeways with a capacity of 600 passengers (300 each) per hour (PPH) and both ropeways' final destination would be Baba Sidheshwar Nath Temple, which is a very small hill top. Out of these two alignments, Alignment-2 is almost about to be completed in 4-5 months and construction of Alignment no.1 has not started yet. b. For issuance of order(s), directions(s), writ(s) particularly in the nature of writ of Mandamus to develop a mechanism to control heavy crowd particularly in the month of Shravan so that casualty/ deaths of large number of pilgrims may not repeat. c. For issuance of order(s), directions(s), writ(s) particularly in the nature of a writ of Mandamus directing Respondents to ensure that no further construction, erection which may lead to heavy crowed pulling like the Passenger Ropeway on alignment No.1, out of two ropeways, at Vanavar Hill, Jehanabad takes place as the same is against Techno Economic Feasibility Report of RITES, which stipulates in clause 1.7 at page 8 that two ropeways are not financially viable and in clause 2.4.3 at page 17 that it is not clear that why two ropeways are planned to be constructed whereas one ropeway is enough to cater the need till the year 2032.
d. For issuance of order(s), directions(s), writ(s) particularly in the nature of writ of prohibition restraining Respondents authorities from making any construction or alteration to the national monuments at Vanavar Hills in the district of Jehanabad without obtaining necessary permissions, which may lead to over-crowding upon a small hill top and may result into deaths of several pilgrims as the same happened on 11.08.2024.
Patna High Court CWJC No.4079 of 2025(3) dt.21-11-2025 4/5 e. Appoint a Commission or Committee to assess the damage caused to the locals and the ecology due to violations of environmental laws at Vanavar Hills and submit a report to this Hon'ble Court. f. Pass such other order(s) as may be deemed fit and proper in the interest of justice."
5. Perused the counter affidavit filed on behalf of respondent No. 4, wherein following statements have been made in Paragraph Nos. 5 and 9:
"5. That in reply to the statement made in Para 2, it is submitted that the answering respondent is responsible for the construction of Ropeway as construction agency selected by the Tourism Department. At present construction of Ropeway no 2, is under progress. The construction of Ropeway on alignment no 1 has not started yet but Stage 2 forest Clearance has already been issued by the Forest Department under letter no 549 dated 13.09.2022. The competent authority has considered the selection of two alignment of Ropeway taking into various Technical environmental and Financial consideration.
9. That in reply to statement made in Para 6, it is submitted that at present construction of Ropeway no 2 is being constructed and work, on alignment1 has not started as yet. The Competent authority will decide the necessity of construction of 2nd Ropeway, taking into consideration Technical, Environmental and various other issues."
6. In view of the categorical stand taken in the counter affidavit that the construction of Ropeway No. 2 is underway Patna High Court CWJC No.4079 of 2025(3) dt.21-11-2025 5/5 and that any decision regarding construction of ropeway on Alignment No. 1 will be taken by competent authority after considering all relevant factors, this Court finds that no further order is required to be passed in the present writ application.
7. Accordingly, the writ application stands disposed of.
8. Pending application(s), if any, shall stand disposed of.
(Sudhir Singh, ACJ) ( Rajesh Kumar Verma, J) Anushka/-
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