Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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 Consequently, the writ petition was disposed of as withdrawn, with liberty to file a representation.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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