Chhattisgarh High Court

PIL seeking mandamus for highway construction completion is infructuous once tender is awarded and work commences.

Abdul Kalim Khan v. State of Chhattisgarh & Others [2026:CGHC:10986-DB]

Chhattisgarh High Court2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 2–3

The petitioner alleged that the construction had remained incomplete for ten years, causing significant hardship to local residents and daily commuters

Source reference: para. 3

Despite submitting representations and filing RTI applications, no effective action was taken by the authorities

Source reference: para. 3

During the pendency of the proceedings, the respondents initiated the tender process for the completion of the roadwork

Source reference: para. 5
02

Issues

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. 2

2. Whether the cause of action survives in light of the respondents' subsequent actions in allotting the tender for the work

Source reference: para. 4–5
03

Law Applied

The Court primarily exercised its jurisdiction under Article 226 of the Constitution of India concerning Public Interest Litigation

Source reference: para. 3

It 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. 4–6
04

Reasoning

The Court examined the submissions from both parties to determine if a live controversy remained.

Source reference: no citation

The petitioner’s counsel conceded that the grievance had been "duly redressed" and that the cause of action no longer survived

Source reference: para. 4

This 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. 5

The 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. 6
05

Holding

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. 7

No order as to costs was passed

Source reference: para. 7
Chhattisgarh High Court

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Abdul Kalim Khan v. State of Chhattisgarh & Others [2026:CGHC:10986-DB]

Chhattisgarh High Court

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