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Patna High Court

Rajeev KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of at the admission stage, directing the authority to consider the petitioner’s prior representations and pass orders accordingly.

Summary

Petitioner Rajeev Kumar filed a civil writ petition before the Patna High Court challenging actions of several officials of the Rural Works Department, Bihar. The petitioner had previously submitted representations on 3 August 2023 and 24 October 2024 to the Engineer‑in‑Chief, Rural Works Department, seeking redress of his grievance. The Court, without examining the merits, disposed of the petition at the admission stage with the consent of both parties. It directed Respondent No.2 (the Engineer‑in‑Chief) to consider the earlier representations, give the petitioner notice, afford a hearing, and decide the matter within eight weeks. The Court further ordered that any decision be communicated to the petitioner, and with these directions the writ petition was deemed disposed.

Issues considered

  • Whether the writ petition should be entertained when the petitioner has already made representations to the concerned authority

Subjects

  • civil writ jurisdiction
  • writ petition
  • administrative representation
  • disposal at admission
  • direction to authority
  • notice and hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17253 of 2025
                 ======================================================
                 Rajeev Kumar, Son of Kapileshwar Singh, Resident of village- Mahuyet, P.O-
                 Ghareya, P.S- Wazirganj, District- Gaya.

                                                                    ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Addl. Chief Secretary, Rural Works
                 Department, Government of Bihar, Patna.
           2.    The Engineer-in-Chief, Rural Works Department, Government of Bihar,
                 Patna.
           3.    The Chief Engineer -2 (Gaya), Rural work Department Patna, Bihar.
           4.    The Secretary, Rural works Department, Government of Bihar, Patna.
           5.    The District Magistrate Cum Chief Election Officer, Gaya.
           6.    The Superintending Engineer, Rural work Department, Work Circle, Gaya.
           7.    The Executive Engineer, Rural work Department, Work Division, Neem
                 Chak Bathani, Gaya.
           8.    The Assistant Engineer, Rural Work Department Work Division, Neem Chak
                 Bathani, Gaya.
           9.    The Junior Engineer, Rural Work Department Neem Chak Bathani Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Gajendra Kumar, Advocate.
                 For the Respondent/s   :      Mr. Standing Counsel (28)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

4   28-04-2026                   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 representations

                   dated 03.08.2023 and 24.10.2024 (Annexure-P/5 series) before

                   the Engineer-in-Chief, Rural Works Department, Government of
           Patna High Court CWJC No.17253 of 2025(4) dt.28-04-2026
                                                      2/2




                     Bihar, Patna i.e. Respondent No. 2 herein, this Court deems it

                     appropriate to dispose of the present writ petition with a

                     direction to the Respondent No. 2 to consider the said

                     representation and pass necessary orders in accordance with law.

                     The authority before passing any order shall put the petitioner

                     on notice and give him an opportunity of hearing. The authority

                     shall endeavour to dispose of the said representations as

                     expeditiously as possible preferably within a period of 8 weeks

                     from the date of receipt of the copy of this order. Any decision

                     taken by the authority 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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