Patna High Court
Amit Kumar, AdvocateversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court disposed of the writ application, directing the petitioner to file a representation before the Finance Department and ordering a reasoned decision within eight weeks, without adjudicating the substantive fee equality claim.
Summary
A Public Interest Litigation was filed by Amit Kumar seeking a direction that the Government of Bihar grant equal fees to panel advocates representing various departments before tribunals and courts, alleging discriminatory fee practices. The petitioners argued that the state was discriminating among panel advocates in the grant of fees. The Court examined the grievance and, without deciding the substantive issue of fee equality, directed the petitioner to file a representation before the Additional Chief Secretary, Finance Department. The Court further ordered that, after a personal hearing, the respondent must pass a reasoned order within eight weeks. Consequently, the writ application was disposed pending the filing of the representation.
Issues considered
- Whether the State of Bihar is required to grant equal fees to panel advocates representing different departments before tribunals and courts.
Subjects
- Public Interest Litigation
- fee discrimination
- panel advocates
- government remuneration
- writ jurisdiction
- representation
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17812 of 2025
======================================================
Amit Kumar, Advocate Son of Mr. Lalit Kumar Thakur, resident of Flat no.
104/C, Meridian Enclave Apartment, Montesari Lane, Near Mansi Girl
Hostel, Boring Road, P.S.-S.K. Puri, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar.
2. The Additional Chief Secretary, Finance Department, Government of Bihar.
3. Additional Chief Secretary, General Administration Department,
Government of Bihar.
4. The Additional Chief Secretary, Commercial Tax Department, Government
of Bihar.
5. The Secretary, Law Department, Law Department, Government of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Sharma, Advocate
For the Respondent/s : Mr. Vikas Kumar, AC to AG
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
4 06-01-2026 Heard learned counsel for the parties.
2. The present writ application has been filed in the
form of a Public Interest Litigation (PIL) for the following
reliefs:-
“For a direction to the respondent authorities to
grant equal fee to the Panel Advocates who
appears on behalf of the different departments of
the Government of Bihar before different
Tribunal/Courts as the State Government
discriminating among the Panel Advocates in grant
Patna High Court CWJC No.17812 of 2025(4) dt.06-01-2026
2/2
of fee.”
3. Considering the nature of the grievance raised by
the petitioner, the petitioner is directed to submit a
representation before Respondent No. 2. In the event such
representation is filed, Respondent No. 2 shall, after providing
the petitioner with an adequate opportunity of personal hearing,
consider the representation and pass a reasoned and speaking
order in accordance with law, preferably within a period of eight
weeks from the date of receipt/production of a copy of this
order.
4. With the aforesaid observation and direction, the
present writ application stands disposed of.
5. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, ACJ)
(Rajesh Kumar Verma, J)
Sujit/-
U
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