Patna High Court
BINOD KUMAR @ BINOD KUMAR YADAVversusThe State of Bihar, Through the Chief Secretary, Government of Bihar, Patna.
- Decided
- Disposal
- WITHDRAWN
- Bench
- ARUN KUMAR JHA
Holding
The High Court lacks jurisdiction to quash the letters and therefore dismissed the petition as withdrawn.
Summary
The petitioner, Binod Kumar Yadav, was served two communications by the Additional Assistant Engineer, Electricity Supply Sub‑Division, Darbhanga, demanding payment of Rs 4,78,298 within fifteen days and warning that a FIR would be registered, which indeed was lodged on 06‑01‑2021. He filed a writ petition in the Patna High Court seeking quash of these letters. The Court held that it lacks jurisdiction under its writ jurisdiction to entertain a prayer for quashing such administrative communications. Consequently, the petitioner was permitted to withdraw the petition and was directed to approach the appropriate forum for redress. The petition was dismissed as withdrawn, with liberty granted to the petitioner to seek relief elsewhere.
Issues considered
- Whether the High Court has jurisdiction to entertain a writ petition seeking quash of administrative communications demanding payment and threatening FIR.
Subjects
- writ jurisdiction
- criminal writ
- administrative order
- jurisdiction
- withdrawal of petition
- electricity department
- payment demand
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.779 of 2022
Arising Out of PS. Case No.-7 Year-2021 Thana- BAHERI District- Darbhanga
======================================================
Binod Kumar @ Binod Kumar Yadav Son of Sri Ram Sevak Yadav Resident
of village - Karikatta, P.O.- Thatopur, Ward No.- 10, P.S.- Baheri, District -
Darbhanga.
... ... Petitioner
Versus
1. The State of Bihar, Through the Chief Secretary, Government of Bihar,
Patna. Bihar
2. The Principal Secretary, Power and Energy Department, Government of
Bihar, Patna. Bihar
3. The Chairman, North Bihar Power Distribution Company Limited
(NBPDCL), Bihar State Electricity Board, Patna, Bihar.
4. The Executive Engineer, Electricity Supply Division, Rural, Darbhanga.
Bihar
5. The Additional Assistant Engineer, Electricity Supply Sub Division, Rural,
Darbhanga. Bihar
6. The Officer In-charge, Baheri Police Station, District - Darbhanga Bihar
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Yogendra Prasad Sinha, APP
For the NBPDCL : Mr. Kunal Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 13-02-2026 Heard learned counsel for the parties.
2. Petitioner is aggrieved by the communication
dated 07.01.2021 issued by the Additional Assistant Engineer,
Electric Supply Sub-Division, Darbhanga as well as
communication dated 21.01.2021 by the same authority,
whereby the petitioner was directed to deposit Rs. 4,78,298/-
within fifteen days, failing which it was made clear that FIR
would be registered. It further transpires that FIR was already
Patna High Court CR. WJC No.779 of 2022(5) dt.13-02-2026
2/2
lodged on 06.01.2021 vide Baheri P.S. Case No. 07 of 2021.
3. Apparently, the petitioner has approached this
Court under some misconceived notion. This Court under its
writ jurisdiction cannot entertain the prayer made before this
Court regarding quashing of the letters issued by the Additional
Assistant Engineer, Electric Supply Sub-Division, Darbhanga.
4. In these circumstances, Learned counsel for the
petitioner seeks permission to withdraw the present writ petition
with a liberty to approach the appropriate forum for redressal of
his grievances.
5. Permission, as prayed for, is accorded.
6. Accordingly, the present writ petition is
dismissed as withdrawn with a liberty to the petitioner to have a
recourse of law in appropriate proceeding before appropriate
forum.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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