Patna High Court
Pankaj Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court held that the writ application is premature and cannot be entertained.
Summary
Petitioner Pankaj Kumar Jha filed a writ petition seeking an order restraining the State of Bihar and other officials from entertaining repeated complaints filed by a private respondent, and to bar further proceedings on the same allegations. The petitioner alleged that the repeated complaints were identical and had already been investigated. The Court examined whether the writ petition was maintainable. It observed that the petition was premature, possibly frivolous, and that the appropriate remedy lay with the concerned administrative authority. Consequently, the Court disposed of the writ application without addressing the merits.
Issues considered
- Whether a writ petition seeking to preclude administrative authorities from considering repeated complaints is maintainable when filed prematurely.
Subjects
- writ jurisdiction
- premature application
- frivolous petition
- repeated complaints
- civil writ
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4531 of 2026
======================================================
Pankaj Kumar Jha Son of Shyam Sundar Jha, Resident of village- Telhar, P.S.-
Mahishi, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, Patna.
2. The Commissioner, Koshi Division, Saharsa.
3. The Civil Surgeon-cum-Chief Medical Officer, Saharsa.
4. The District Public Grievance Redressal Officer, Saharsa.
5. Mohammad Salauddin, Son of Late Md. Usman Resident of Saptiyahi, Ward
No.- 06, P.O.- Nariyar, Block- Satkakatiya, Sub- Division Saharsa Sadar,
District- Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Respondent/s : Mr. Additional Advocate General (13)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief(s):
“a) Issue an appropriate writ, order or
direction commanding Respondents 1 to 4 not to
entertain or consider repeated complaints filed by
Respondent No.5 on identical allegations which
already stand inquired into and concluded;
b) Direct that no further proceeding be
initiated against the petitioner on the same set of
allegations;
Patna High Court CWJC No.4531 of 2026(2) dt.31-03-2026
2/2
c) Direct the concerned respondents to take
appropriate legal action against Private Respondent
No. 5 for filing repeated and frivolous complaints on
identical allegations.
d) Pass any other order(s) as this Hon'ble
Court may deem fit and proper in the interest of
justice.”
3. Being aggrieved by repeated complaints having
been filed by respondent no.5 before the authorities
concerned/Principal Secretary, Health Department, Government
of Bihar with respect to identical allegations, the petitioner has
moved this Court for the reliefs as stated herein above.
4. Without going into the merits of the case of the
petitioner, it may only be observed that the instant application is
a premature application, if not frivolous and it was for the
petitioner to approach the appropriate authority for the reliefs
prayed for herein.
5. The writ application stands disposed of.
(Partha Sarthy, J)
Saurabh/-
U
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