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Patna High Court

Ramakant RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Senior Superintendent of Police, Motihari to pass a reasoned and speaking order on the petitioner’s representation within 90 days.

Summary

Ramakant Ram, a resident of East Champaran, filed a writ petition seeking payment of house allowance for the period May 2008 to April 2017, salary for April 2017, and related benefits from the State of Bihar. He had earlier submitted a representation on 27‑12‑2023 to the Senior Superintendent of Police, Motihari, but no decision was rendered. The petitioner argued that the delay violated his right to timely relief, while the State contended that the matter required a reasoned order from the police authority. The Court held that the SP, Motihari must issue a reasoned and speaking order on the representation within 90 days of the order’s production. Accordingly, the writ petition was disposed after directing the SP to decide the representation.

Issues considered

  • What relief, if any, is the petitioner entitled to regarding house allowance and salary pending a decision on his representation?
  • Whether the court can direct the police authority to pass a reasoned order within a specified time.

Subjects

  • writ jurisdiction
  • house allowance
  • salary
  • administrative delay
  • reasoned order
  • public servant

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6930 of 2025
                 ======================================================
                 Ramakant Ram Son of Sunkal Paswan, resident of Village and P.O.- Koyla,
                 Belwa, P.s. Chakia, District- East Chaparan, Motihari.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Director General of Police, Bihar, Patna.
           3.    The DIG of Police, Champaran Range, Bettiah.
           4.    The Senior S.P., Gaya.
           5.    The S.P., East Champaran at Motihari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ram Hriday Prasad, Advocate
                 For the Respondent/s   :      Mr. Government Pleader (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   10-03-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for issuance

                   of appropriate writ, order or direction to the respondents for

                   payment of House Allowance from May 2008 to April 2017 and

                   for payment of salary of April 2017, and for grant of all

                   consequential benefits.

                               3. Learned counsel for the petitioner submits that the

                   petitioner has filed his representation dated 27.12.2023

                   (annexed      as     Annexure-P/3)     before     the    S.P.    Motihari

                   (Respondent no.5), but no decision has been taken as yet.

                               4. Learned counsel for the State submits that a
             Patna High Court CWJC No.6930 of 2025(2) dt.10-03-2026
                                                         2/2




                       direction may be given to the authority concerned so that

                       decision may be taken on the petitioner’s representation.

                                   5. In this view of the matter, the S.P. Motihari

                       (Respondent no.5) is hereby directed to pass a reasoned and

                       speaking order on the petitioner’s representation dated

                       27.12.2023 (annexed as Annexure-P/3), within 90 days from the

                       date of production of a copy of this order.

                                   6. Accordingly, this writ petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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