Facts
The petitioner, a social worker and regular commuter, filed a Public Interest Litigation (PIL) under Article 226 of the Constitution of India regarding the prolonged delay in the construction of National Highway 30 (N.H. 30) from the Kanker to Bedma section
Source reference: para. 2–3The petitioner alleged that the construction had remained incomplete for ten years, causing significant hardship to local residents and daily commuters
Source reference: para. 3Despite submitting representations and filing RTI applications, no effective action was taken by the authorities
Source reference: para. 3During the pendency of the proceedings, the respondents initiated the tender process for the completion of the roadwork
Source reference: para. 5Issues
1. Whether the Court should issue a Writ of Mandamus directing the respondent authorities to complete the construction of the N.H. 30 stretch from Kanker to Bedma within a fixed timeframe
Source reference: para. 22. Whether the cause of action survives in light of the respondents' subsequent actions in allotting the tender for the work
Source reference: para. 4–5Law Applied
The Court primarily exercised its jurisdiction under Article 226 of the Constitution of India concerning Public Interest Litigation
Source reference: para. 3It applied the principle of "infructuous litigation," wherein a prayer for a Writ of Mandamus becomes redundant once the grievance of the petitioner is voluntarily redressed by the State authorities during the pendency of the case, leaving no surviving "cause of action" for adjudication
Source reference: para. 4–6Reasoning
The Court examined the submissions from both parties to determine if a live controversy remained.
Source reference: no citationThe petitioner’s counsel conceded that the grievance had been "duly redressed" and that the cause of action no longer survived
Source reference: para. 4This was corroborated by Respondent Nos. 2 and 3, who informed the Court that the tender for the concerned stretch of the highway had already been successfully allotted and the execution process had officially commenced
Source reference: para. 5The Court reasoned that since the primary relief sought—the initiation and completion of the roadwork—was being addressed through the administrative process of tender allotment and execution, there was no further need for judicial intervention or a specific time-bound direction at this stage
Source reference: para. 6Holding
The Court held that the primary grievance of the petitioner stood redressed and, consequently, nothing further survived for adjudication
The Court disposed of the writ petition as infructuous, noting the observation that the grievances raised regarding the N.H. 30 construction had been addressed by the respondents
Source reference: para. 7No order as to costs was passed
Source reference: para. 7Original Court PDF
Abdul Kalim Khan v. State of Chhattisgarh & Others [2026:CGHC:10986-DB]
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