Patna High Court
Jeetendra Kumar SinghversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The petition was dismissed and the writ application was disposed of without granting mandamus.
Summary
The petitioner, Jeetendra Kumar Singh, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to consider his applications dated 06-02-2017 and 16-09-2017, which remained pending since an order dated 12-01-2007. He alleged that the authorities had failed to act on his representations and that this inaction caused hardship. The court examined the petition and noted that the petitioner could pursue his remedy before the appropriate authority, considering the developments that occurred during the pendency of the writ. It also directed the District Magistrate‑cum‑Collector to verify the names of the Circle Officers involved and to communicate the matter to higher officials for appropriate action against alleged harassment. Ultimately, the court disposed of the writ petition without granting the relief of mandamus.
Issues considered
- Whether the High Court should issue a writ of mandamus directing the State authorities to consider the petitioner’s pending applications dated 06-02-2017 and 16-09-2017.
Subjects
- writ petition
- mandamus
- administrative law
- delay in administrative action
- district magistrate
- land reforms
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12566 of 2021
======================================================
Jeetendra Kumar Singh Son of Gaya Singh Resident of Village - Kuarpur,
Ramgarh, P.S. - Pipra, District- East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Development
Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Rural Development Department, Govt. of Bihar,
Patna.
3. The District Magistrate, East Champaran, Motihari.
4. The Sub Divisional Officer, Chakia, District- East Champaran, Motihari.
5. The Land Reform Deputy Collector, Chakia, District- East Champaran,
Motihari.
6. The Anchaladhikari, Chakia, District- East Champaran, Motihari.
7. Wakil Singh Son of late Jagan Singh R/o Village - Kuwarpur, P.S. - Pipra,
District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Sumit Kumar Gupta, Advocate
For the Respondent/s : Mr. Anjani kumar, (AAG4)
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 31-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP 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 issuance of writ nature of mandamus to direction
respondent consider in the application of the petitioner
filed on 06.02.2017 and 16.09.2017, same is still pending
for due consideration and further issue direction to the
respondents District Magistrate to consider the
application and disposed of by the speaking order and
further give other legal consequential benefit to the
Patna High Court CWJC No.12566 of 2021(3) dt.31-01-2026
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petitioner.”
3. Learned counsel appearing on behalf of the
petitioner submitted the the petitioner seeks to avail remedy
against order dated 12.01.2007 and he has already filed
representation for the same on 06.02.2017 and 16.09.2017 but
the same has not been entertain till date and the required
information has already been brought on record by way of
Annexure 2 and 5 respectively.
4. Considering the aforesaid submission and the
relief(s) as sought for in the present writ petition the petitioner
having aggrieved by the order dated 12.01.2007 may avail
remedy before the appropriate authority on the basis of
development which has taken place during the pendency of the
writ petition in accordance with law.
5. The District Magistrate – cum – Collector must also
ensure that he keep himself vigilant in respect of the functioning
of the circle office. In the present case the name is required to be
verified of those Circle Officers of East Champaran, who were
holding the post during the period the order was passed and
such communication is required to be made to the Additional
Chief Secretary, Revenue and Land Reforms Department, as
well as, the General Administration Department for taking
appropriate action for harassing the poor citizen and forcing him
Patna High Court CWJC No.12566 of 2021(3) dt.31-01-2026
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to file the present writ petition.
6. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
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