Patna High Court
Malti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJ KUMAR
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
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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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