Patna High Court
Sumitra SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The writ petition is not maintainable and is dismissed.
Summary
The petitioners, Sumitra Singh and Samit Chauhan, filed a writ petition in the Patna High Court challenging the inaction of the Rural Works Department after an order in CWJC No.15570 of 2021 granted them liberty to file a representation. They alleged that despite filing the representation, the department failed to take any action, and they sought relief through a fresh writ. The respondents argued that the petition was not maintainable because the appropriate remedy was a fresh MJC proceeding, not a writ. The Court examined the lack of annexed order sheet, representation, and any subsequent action, concluding that the petitioners had not complied with procedural requirements. Consequently, the Court held that the writ petition was not maintainable and dismissed it.
Issues considered
- Whether the writ petition filed by the petitioners is maintainable in view of the earlier order in CWJC No.15570 of 2021
- Whether a fresh writ petition is the appropriate remedy or the petitioners should pursue a fresh MJC proceeding
Subjects
- writ jurisdiction
- maintainability
- representation
- administrative inaction
- civil writ
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8433 of 2024
======================================================
1. Sumitra Singh Wife of Late Ashok Kumar Singh, Resident of Village- Maa
Durga Nagar, Chakshkra, Post- Chandralay, Police Station- Sadar Hajipur,
District- Vaishali, State- Bihar, Pin- 844102.
2. Samit Chauhan, Son of Late Ashok Kumar Singh, Resident of Village- Maa
Durga Nagar, Chakshkra, Post- Chandralay, Police Station- Sadar Hajipur,
District- Vaishali, State- Bihar, Pin- 844102.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Rural Works Department, Patna,
Bihar.
2. The Under Secretary, Rural Works Department, Patna, Bihar.
3. The Engineer-in-Chief, Rural Works Department, Patna, Bihar.
4. The Superintendent Engineer, Rural Works Department, Patna, Bihar.
5. The Chief Engineer- 4, Rural Works Department, Patna, Bihar.
6. The Executive Engineer, Regional Laboratory, Rural Works Department,
Bakarganj, Laheriasarai, Darbhanga, Pin- 846002.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Vikram Rana, Advocate
For the Respondent/s : Mr. Standing Counsel (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. Learned counsel for the petitioners on the point of
objection contained in Serial No.32 about maintainability of the
petition submits that in paragraph-76, it has already been
mentioned that vide order passed in CWJC No.15570 of 2021,
the liberty was granted to the petitioner to file representation.
Thereafter, he filed representation but the department did not
Patna High Court CWJC No.8433 of 2024(2) dt.05-02-2026
2/2
take any action on their representation.
3. It transpires that the said order sheet has not been
annexed in the petition nor representation has been annexed nor
any development with regard to the subsequent action has been
intimated, but if the pleading has been accepted that the
department did not take any action on the representation of the
petitioner even after order passed in CWJC No.15570 of 2021
filing fresh writ is not the remedy; rather MJC is the remedy.
4. In this view of the matter, this Court is of the firm
view that the Office has correctly pointed out on the point of
maintainability. Accordingly, this writ petition is dismissed as
not maintainable.
(Dr. Anshuman, J)
Mkr./-
U
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