Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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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