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Patna High Court

Pankaj Kumar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

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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