Patna High Court
Jitendra Kumar @ Jitendra Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed as stale, and the court will not direct any appointment.
Summary
Jitendra Kumar, whose ancestral land was acquired for a government building, was promised a Class‑IV government job under a 1995 departmental memo, but no appointment was made. He filed a writ petition in 2026 seeking the department’s consideration of his claim. The State argued that the cause of action arose in 1990, making the petition stale after 36 years. The Court held that it would not interfere in a matter so old and dismissed the writ petition. The Court suggested that if compensation for the land has not been received, the petitioner may approach the appropriate forum with supporting documents.
Issues considered
- Whether a writ petition filed 36 years after the alleged cause of action is maintainable.
- Whether the court can direct the appointment of the petitioner to a Class‑IV post under the departmental policy.
Subjects
- writ petition
- stale petition
- limitation period
- government employment
- land acquisition
- compensation
- public health engineering department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4202 of 2026
======================================================
Jitendra Kumar @ Jitendra Kumar Mishra Son of Indranand Mishra, Resident
of Village- Rampur Bangla Bangaon, Ward No. 7, Police Station- Bangaon,
District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Public
Health and Engineering (P.H.E.D.), Govt. of Bihar, Patna.
2. The Engineer-in-Chief-cum-Special Secretary (Head Quarter), P.H.E.D.,
Govt. of Bihar, Patna.
3. The Executive Engineer, P.H.E.D. Division, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 24-03-2026 Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. The present writ petition has been filed directing
respondent No.2 to consider the claim of the petitioner for
appointment on any suitable Class-IV Post in view of policy
decision of respondent-Department as petitioner is land looser
whose valuable land was taken for construction of Bungalow
Inspection Building of P.H.E.D. with assurance that land given
family will get one Government employment by department
regarding which vide Memo No.946 dated 01.11.1995 necessary
inter departmental communication was made from the level of
Patna High Court CWJC No.4202 of 2026(2) dt.24-03-2026
2/2
respondent No.2 with respondent No.3, but thereafter no
concrete decision could be taken and, as such, petitioner
continuously pursue the matter departmentally and lastly
represented the claim before respondent No.2 on 01.09.2025,
which is still pending and no final decision has been taken
causing much inconvenience to the petitioner.
3. Learned Counsel for the State raised preliminary
objection and submits that according to the pleading of the
petitioner the cause of action has been developed for the
petitioner in the year 1990, but he has filed the instant writ
petition in the year 2026 that is after 36 years.
4. In this view of the matter, this Court is not inclined
to interfere in a matter, which is 36 years old. Accordingly, the
writ petition stands dismissed. However, if compensation has
not been received by the petitioner or his ancestor, then he shall
be at liberty to move before the appropriate forum with
supporting document that he or his ancestor had not received
compensation.
(Dr. Anshuman, J)
Mkr./-
U
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