Created by Fuzzy Cloud

Patna High Court

Jibitesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Circle Officer must dispose of the pending representation within two weeks and report compliance to the District Magistrate‑Collector.

Summary

The petitioner, Jibitesh Kumar, filed a writ petition seeking a direction for the measurement of land belonging to his mother and for the disposal of a representation he had submitted on 29‑12‑2025 to the Circle Officer, Patna Sadar, which remained pending. He alleged that the Circle Officer failed to act within the statutory period prescribed by government instructions and circulars. The Court examined whether the administrative authority had violated its duty to dispose of the representation timely, thereby infringing the petitioner's right to an effective remedy. It held that the Circle Officer was obligated to decide the representation within the mandated time frame. Consequently, the Court directed the Circle Officer to dispose of the representation within two weeks and to report compliance to the District Magistrate‑Collector within a further week. The petition was thereafter disposed of.

Issues considered

  • Whether the Circle Officer failed to dispose of the petitioner's representation within the statutory period prescribed by law.
  • Whether the High Court can direct the administrative authority to comply with the statutory time‑limit for disposing representations.

Subjects

  • writ jurisdiction
  • administrative law
  • representation disposal
  • statutory duty
  • land measurement
  • high court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1131 of 2026
                 ======================================================
                 Jibitesh Kumar son of late Nakul Prasad Yadav, resident of mohalla- Kathal
                 Tola, P.O. and P.S.- Sohsarai, Biharsharif, District- Nalanda- PIN Code-
                 803118, Holder of Power of Attorney from his mother Shanti Devi, aged
                 about 72 years.

                                                                                  ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Patna.
           2.    The Additional Collector, Patna.
           3.    The Circle Officer, Deedarganj Circle, Patna.
           4.    The Superintendent of Police (City), District-Patna.
           5.    The Station House Officer/In-charge,             Deedarganj      Police    Station,
                 Deedarganj, Patna City, Distt- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Ajay Prasad, Advocate
                 For the Respondent/s   :         AC to Government Pleader (12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   29-01-2026                   Heard learned counsel appearing on behalf of the

                   petitioner and learned AC to Government Pleader (12) for the

                   State.

                               2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought inter alia the following relief(s), which is

                   reproduced hereinafter:-

                                               “1. That this Writ application is being filed for the

                                  following relief(s):

                                               (1) For issuance of a direction to the respondent

                                  authority for measurement of land which is belonging under the

                                  name of mother/ancestor of the petitioner.

                                               (ii) For issuance of a direction to dispose of the
Patna High Court CWJC No.1131 of 2026(2) dt.29-01-2026
                                              2/3




                          representation filed by the petitioner on 29.12.2025, sent through

                          registered post as well as through e-mail.

                                         A copy of representation filed by the petitioner on

                          29.12.20250 is annexed herewith and marked as Annexure-P/1 to

                          this writ application.

                                         (iii) For grant of any other relief/reliefs to which the

                          petitioner may be found entitled to, may be granted to the

                          petitioner.”


                       3. Learned counsel appearing on behalf of petitioner

          submitted that for the reliefs as prayed for in the present writ

          petition, the petitioner has already filed a representation before

          the Circle Officer, Patna Sadar, which has not been entertained

          till date.

                       4. Considering the aforesaid information the Circle

          Officer, Patna Sadar is directed to dispose of the representation

          filed by the petitioner, which was required to be disposed of

          within the statutory period and as per the several Government

          instructions and circulars issued by the Government in that

          regard. The Circle Officer having not entertained the

          representation of the petitioner is first required to dispose it of in

          accordance with law within a period of two weeks from the date

          of communication of this order and subsequent compliance

          report of this order be communicated to the District Magistrate –

          cum – Collector for taking necessary action further in one week.
           Patna High Court CWJC No.1131 of 2026(2) dt.29-01-2026
                                                       3/3




                                 5. Accordingly, the present application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.