Patna High Court
Upendra PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The Court declined to issue a mandamus and instead directed the petitioners to make a fresh representation, disposing the writ petition.
Summary
The petitioners, five individuals employed in various Gram Panchayats of Nalanda district, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay their pending deputation allowances. They claimed to have previously submitted representations to the concerned authorities, which were attached as annexures. The Court noted that the petitioners had indeed raised their grievances administratively but had not obtained a final decision. In the interest of justice, the Court ordered the petitioners to file a fresh representation before the competent authority within two weeks. The respondents were directed to dispose of the fresh representation by a speaking order within four weeks and communicate the outcome to the petitioners. Accordingly, the writ petition was disposed without granting the mandamus.
Issues considered
- Whether a writ of mandamus can be issued to compel the payment of deputation allowance to the petitioners
- Whether the petitioners have exhausted the administrative remedy before approaching the court
Subjects
- writ petition
- mandamus
- deputation allowance
- administrative remedy
- Panchayat Raj
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20753 of 2025
======================================================
1. Upendra Prasad Son of Ram Siddheshwar Prasad, Resident of Villaghe
Kusurita, Police Station- Hilsa in the District of Nalanda.
2. Sanjay Kumar Singh, Son of Late Ram Chandra Singh, Resident of Village-
Hilsa, P.S.- Hilsa in the District of Nalanda.
3. Anil Kumar, Son of Arjun Singh, Resident of Village- Suda Bazar, P.S.-
Hilsa in the District of Nalanda.
4. Vinay Kumar, Son of Shivjee Singh, Resident of Village- Hilsa, P.S.- Hilsa
in the District of Nalanda.
5. Asha Kumari Arya, Wife of Hari Chandra Das, Resident of Village- Hilsa,
P.S.- Hilsa in the District of Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayat Raj
Department, Government of Bihar, Patna.
2. The Director, Panchayat Raj Department, Government of Bihar, Patna.
3. The District Magistrate, Nalanda, Bihar Sharif.
4. The District Panchayat Raj Officer, Nalanda, Bihar Sharif.
5. That Block Development Officer, Hilsa, Nalanda.
6. The Block Panchayat Officer Raj Officer, Hilsa District- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Advocate
For the Respondent/s : Mr. Government Pleader (03)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 30-01-2026 Heard the parties.
2. The petitioners have filed the present writ petition
for following relief(s):-
“That this Writ petition is for issuance of
a Writ in the nature of mandamus directing the
respondents to make payment of deputation
allowance from they were worked in different
Gram Panchayat which is still not paid to the
petitioners.”
Patna High Court CWJC No.20753 of 2025(2) dt.30-01-2026
2/2
3. It appears that the petitioners have raised their
grievances by way of filing representation before the concerned
authorities, which have been annexed with this writ petition vide
Annexure- 2 series.
4. In the interest of justice, it is directed that a fresh
representation be filed by the petitioners before the competent
authority within a period of two weeks from today.
5. The concerned authorities are directed to dispose
the representations by speaking order within four weeks from
the date of receipt thereof and communicate to the petitioners.
6. Accordingly, the writ petition is disposed of in the
aforesaid terms.
(Praveen Kumar, J)
Pawan/-
U
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