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Patna High Court

Singh Construction Private Ltd.versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a fresh representation within four weeks and ordered the Executive Engineer to consider it and pass a reasoned order within eight weeks.

Summary

Singh Construction Private Ltd. filed a writ petition seeking a direction that the Executive Engineer of the Road Construction Department dispose of its representation dated 31‑10‑2025 within a fixed time‑frame. The State of Bihar contended that the representation lacked an endorsement and that the petitioner should file a fresh representation ventilating its grievance. The High Court, without examining the merits, disposed of the petition at the admission stage by directing the petitioner to submit a suitable representation within four weeks and the Executive Engineer to consider it and pass a reasoned order within eight weeks, ensuring an opportunity of hearing. The Court further directed that if the claim is found genuine, payment of dues should be arranged, otherwise a reasoned rejection must be issued. The order concluded with the petition being disposed of with these procedural directions.

Issues considered

  • What procedural steps must the petitioner follow to have its grievance considered by the Executive Engineer?
  • Whether the court can direct the administrative authority to fix a time‑frame for disposing of a representation.

Subjects

  • writ petition
  • representation
  • administrative law
  • reasoned order
  • time frame
  • road construction department
  • payment of dues
  • opportunity of hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3480 of 2026
                 ======================================================
                 Singh Construction Private Ltd. through its Director namely Chandra Prakash,
                 aged about 36 years son of Shailesh Kumar Singh, Resident of Mohalla-
                 Satpura Colony, Post Office- Lane Aghoria Bazar, P.S.- Kazi Mohammadpur,
                 District- Muzaffarpur.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar Bihar.
           2.    The Secretary, Road Construction Department, Govt. of Bihar, Patna.
           3.    The Engineer-in-Chief, Road Construction Department, Government of
                 Bihar, Patna.
           4.    The Chief Engineer, North Bihar Road Construction Department,
                 Muzaffarpur.
           5.    The Superintending Engineer, Road Construction Department, Road Circle,
                 Muzaffarpur, District- Muzaffarpur.
           6.    The Executive Engineer, Road Construction Department, Road Division,
                 Muzaffarpur, District- Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Suraj Samdarshi, Adv.
                                               Mr.Sarveshwar Tiwary
                                               Mr. Sarveshwar Tiwari, Adv.
                                               Mr. Sourav Suman, Adv.
                                               Ms. Pragati Patra, Adv.
                 For the Respondent/s   :      Mr.Standing Counsel (09)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   08-04-2026                   Learned counsel appearing on behalf of the petitioner

                   submits that the petitioner has already filed a representation

                   dated 31.10.2025 (Annexure P/2) before the Respondent No. 6,

                   i.e., the Executive Engineer, Road Construction Department,

                   Road Division and the authority may be directed to dispose of

                   the same by fixing a time frame.

                                 2. Learned counsel appearing on behalf of the
Patna High Court CWJC No.3480 of 2026(2) dt.08-04-2026
                                            2/3




          Respondent-State submits that the representation made by the

          petitioner does not contain any endorsement and the petitioner

          may be directed to give a fresh representation ventilating his

          grievance and the authority shall pass a reasoned order strictly

          in accordance with law.

                      3. 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. Having regard

          to the above made submissions, the present writ petition is

          disposed of directing the petitioner to give a suitable

          representation ventilating his grievance before the Respondent

          No. 6, i.e., the Executive Engineer, Road Construction

          Department, Road Division herein withing a period of 4 weeks

          from today. On such representation being given, the Respondent

          No.6, i.e., the Executive Engineer, Road Construction

          Department,        Road      Division          shall   consider   the   said

          representation and pass a reasoned order.

                       4. In case the claim made by the petitioner is found to

          be genuine, the authority shall make necessary arrangement for

          payment of the admitted dues. In case the authority comes to

          the conclusion that the claim made by the petitioner is liable to

          be rejected, he shall pass a reasoned orders giving the reasons
             Patna High Court CWJC No.3480 of 2026(2) dt.08-04-2026
                                                         3/3




                       for rejecting his claim.

                                   5. It is needless to mention that before passing any

                       order, the petitioner shall be given an opportunity of hearing.

                       The entire exercise shall be completed as expeditiously as

                       possible preferably within a period of 8 weeks from the date of

                       the receipt of the representation made by the petitioner. Any

                       order passed shall be communicated to the party.

                                   6. With the above directions, the present Writ Petition

                       stands disposed of.



                                                            (A. Abhishek Reddy , J)
Bhardwaj/-

U


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