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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner must first make a representation before the competent authority and therefore allowed the withdrawal of the writ petition.

Summary

Jitendra Kumar, a government employee, filed a writ petition seeking a mandamus directing the State of Bihar to transfer him back to his original posting in the Purnea Circle and to grant him all seniority benefits. The State argued that the petitioner had not first made a representation to the competent authority, which is a prerequisite before approaching the court. The petitioner’s counsel requested permission to withdraw the writ and instead file the required representation. The court granted the permission, holding that the petitioner must first approach the authority. Consequently, the writ petition was disposed of as withdrawn, with liberty to file a representation.

Issues considered

  • Whether a writ of mandamus can be entertained when the petitioner has not first made a representation before the competent authority.

Subjects

  • transfer of service
  • mandamus
  • administrative law
  • representation before authority
  • withdrawal of writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5495 of 2026
                 ======================================================
                 Jitendra Kumar S/o late Siddhnath Prasad, R/o Ward No.9, Village-Sisauna,
                 Post-Jokihat, P.S.-Jokihat, Dist-Araria.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Chief Secretary,, Govt. of Bihar, Patna.
           3.    The Principal Secretary, Public Health Engineering Department, Govt. of
                 Bihar, Patna.
           4.    The Engineer-in-Chief, Public Health Engineering Department, Govt. of
                 Bihar, Patna.
           5.    The Chief Engineer, Public Health Engineering Department, Purnia Zone,
                 Purnia.
           6.    The Superintending Engineer, Public Health Engineering Circle, Purnia.
           7.    The Superintending Engineer, Public Health Engineering Circle, Sasaram.
           8.    The Executive Engineer, Public Health, Division, Araria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Siyaram Pandey, Advocate
                 For the Respondent/s   :       Mr.Standing Counsel (21)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   15-04-2026                 Heard learned counsel appearing for the petitioner and

                   learned counsel appearing for the State.

                               2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed seeking a direction to the

                   respondent authorities to transfer the petitioner to his initial

                   place of posting and to treat him as an employee of the Purnea

                   Circle, which is stated to be his parent circle, with all

                   consequential benefits including maintenance of his seniority.

                               3. Learned counsel for the respondent-State raises a
            Patna High Court CWJC No.5495 of 2026(2) dt.15-04-2026
                                                        2/2




                      preliminary objection, submitting that although the petitioner

                      has sought a writ of mandamus, he has not filed any

                      representation before the competent authority for redressal of

                      his grievance.

                                   4. In the aforesaid background, learned counsel for the

                      petitioner seeks permission to withdraw the present writ petition

                      with liberty to file a representation before the concerned

                      authority.

                                   5. Permission, as prayed for, is granted.

                                   6. Accordingly, the present writ petition stands

                      disposed of as withdrawn with the aforesaid liberty.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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