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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed, directing the respondent to consider the petitioner's representation within six weeks.

Summary

Petitioner Prakash Kumar filed a writ petition challenging actions of the Bihar Building Construction Department. The petition was filed after he had already submitted a representation to the Executive Engineer on 26 May 2025. The High Court, without examining merits, disposed of the petition at the admission stage with the consent of both parties. The Court directed the Executive Engineer to consider the pending representation in accordance with law and to dispose of it within six weeks, ensuring a hearing for the petitioner before any order. Consequently, the writ petition was dismissed and the matter was left to the administrative process.

Issues considered

  • What is the appropriate forum for adjudicating the petitioner's grievance—writ petition or pending administrative representation?

Subjects

  • writ petition
  • admission stage disposal
  • administrative representation
  • building construction department
  • hearing
  • patna high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.16578 of 2025
                 ======================================================
                 Prakash Kumar, Son of Sri Birendra Thakur, Resident of Brahmpura, P.S.-
                 Brahmpura, District- Muzaffarpur.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Building Construction
                 Department, Government of Bihar, Patna.
           2.    The Engineer-in-Chief cum Additional Commissioner-cum-Special
                 Secretary, Building Construction Department, Bihar, Patna.
           3.    The Executive Engineer, Local Area Engineering Organization Works
                 Division- 01, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Raju Kumar, Advocate.
                 For the Respondent/s   :      Mr. Kinkar Kumar, SC 9 with
                                               Mr. Yogesh Kumar, AC to SC 9.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   20-01-2026                   Without going into the merits or demerits of the case,

                   the present writ petition is disposed of at the stage of

                   ‘Admission’ with the consent of both the Counsels.

                                 2. Having regard to the fact that the petitioner has

                   already ventilated his grievance by way of the representation

                   dated 26.05.2025 (Annexure P/4) before the Executive

                   Engineer,       Local    Area   Engineering     Organization      Works

                   Division-01, Muzaffarpur i.e. Respondent No. 3 herein, the

                   present writ petition is disposed of directing the Respondent No.

                   3 to consider the said representation made by the petitioner
           Patna High Court CWJC No.16578 of 2025(2) dt.20-01-2026
                                                      2/2




                     strictly in accordance with law and take necessary action. The

                     authority shall endeavour to dispose of the said representation as

                     expeditiously as possible preferably within a period of six

                     weeks from the date of the receipt of the copy of this order. It is

                     needless to observe that before passing any orders the petitioner

                     shall be given an opportunity of hearing. Any order passed shall

                     be communicated to the party.

                                 3. With the above directions, the present Writ Petition

                     stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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