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Patna High Court

Malti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The District Magistrate must decide the petitioner’s representation and issue a reasoned order within six weeks.

Summary

The petitioner, Malti Devi, filed a writ petition seeking a mandamus directing the District Magistrate of Patna to grant her the accrued benefits of the 1st, 2nd and 3rd A.C.P. that were due to her late husband, a retired Amin. She alleged that she had made representations to the District Magistrate on 19 June 2025, but no action was taken. The petition argued that the failure to grant the benefits violated her statutory rights and warranted judicial intervention. The Court examined whether a writ of mandamus was appropriate to compel the District Magistrate to act on the pending representation. It held that the authority must decide the representation and issue a reasoned order. Consequently, the Court ordered the District Magistrate to dispose of the representation within six weeks and dismissed the writ application as disposed.

Issues considered

  • What is the appropriate remedy when a government authority fails to act on a representation seeking pension benefits?
  • Can a writ of mandamus be issued to compel the District Magistrate to grant the 1st, 2nd and 3rd A.C.P. benefits to the petitioner?
  • Whether the petitioner is entitled to the accrued A.C.P. benefits of her deceased husband under the applicable statutes?

Subjects

  • writ of mandamus
  • pension benefits
  • administrative delay
  • representation
  • district magistrate
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8764 of 2026
                 ======================================================
                 Malti Devi d/o Late Krishnnand Singh Resident Of Village And P.O.- Arap,
                 P.S.- Bikram, Dist.- Patna, Bihar-801104

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Old Secretariat, Patna
           2.    The Principal Secretary Revenue and Land Reforms Department,
                 Government of Bihar, Old Secretariat, Patna
           3.    The District Magistrate Patna
           4.    The Circle Officer Khusrupur, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mrs.Pragati Singh, Adv.
                                                 Mr. Awadesh Kumar Mishra, Adv.
                                                 Ms. Shivani Mishra, Adv.
                                                 Ms. Vidhi Shree, Adv.
                 For the Respondent/s   :        Mr.Government Pleader (20)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER

2   23-06-2026                   1. Heard learned counsel for the petitioner and the

                   learned counsel for the respondents-State.

                                 2. By way of this writ application, the petitioner has

                   approached this Court seeking issuance of a writ of mandamus

                   directing respondent no. 3 to grant the benefits of 1st, 2nd and

                   3rd A.C.P. to the petitioner, which had accrued to her husband,

                   Late Ramprasad Singh, who retired from the post of Amin on

                   30.11.2014 from the office of the Circle Officer, Khusrupur,

                   Patna. The petitioner has further sought a direction to grant and

                   sanction the benefits of 1st, 2nd and 3rd A.C.P., along with all
          Patna High Court CWJC No.8764 of 2026(2) dt.23-06-2026
                                                      2/2




                    consequential benefits, as detailed in paragraph 1 of the writ

                    application.

                                3. Learned counsel for the petitioner has submitted

                    that the petitioner has already made representations before the

                    concerned authorities for redressal of her grievances before

                    respondent no. 3, the District Magistrate, Patna, vide

                    representations dated 19.06.2025, brought on record as

                    Annexure P/4 series, but till date no action has been taken

                    thereon. Hence, a prayer has been made for disposal of the said

                    representations by the concerned authorities.

                                4. In the background of these facts, this Court is of the

                    opinion that respondent no. 3 should proceed to decide the

                    representation of the petitioner by a reasoned order within a

                    period of six weeks from today.

                                5. The application stand disposed of with the above

                    said observations.



                                                 (Raj Kumar, J)
ashutosh/Nirmal
U


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