Patna High Court
M/s Sai All Solution PatnaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that it may grant liberty to the petitioner to file a representation and direct the Executive Engineer to consider it and pass a reasoned order within the prescribed period.
Summary
M/s Sai All Solution Patna, through its proprietor Jyoti Kumari, filed a writ petition against the State of Bihar and officials of the Public Health Engineering Department seeking relief to file a representation concerning a grievance, presumably a payment claim, before the Executive Engineer, Public Health Division, Buxar. The petitioner’s counsel requested that the court grant liberty to make such a representation and direct the authority to consider it. The respondents consented to the direction. The Court ordered that the petitioner may file the representation within four weeks and that the Executive Engineer must consider it, hold a hearing, and pass a reasoned order within twelve weeks, making any payment if the claim is found genuine. The Court emphasized that the petitioner must be given an opportunity of hearing before any adverse order. The writ petition was consequently disposed with these procedural directions.
Issues considered
- Whether the High Court can direct the petitioner to file a representation before the concerned authority and compel the authority to consider and decide the grievance within a stipulated time.
Subjects
- writ jurisdiction
- public health engineering
- representation
- administrative procedure
- payment claim
- procedural direction
- Article 226
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9221 of 2023
======================================================
M/s Sai All Solution Patna through its Proprietor Jyoti Kumari (Female), aged
about 34 years wife of Sonu Kumar At present resident of G/25, P.S. Colony,
Beside Sreeram Hospital, P.O. Lohianagar, P.S. Kankarbagh, District- Patna-
800020. Permanent resident of Jamuaw, Police Station- Daudnagar, District-
Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Govt. of Bihar, Patna
2. The Engineer in Chief -cum- Special Secretary, Public Health Engineering
Department, Govt. of Bihar, Patna
3. The Superintending Engineer, Public Health Engineering Department, Ara
Circle, Ara
4. The Executive Engineer, Public Health Division, Buxar, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agarwal, Senior Advocate with
Mr. Md. Najmul Hodda, Advocate.
For the Respondent/s : Ms. Binita Singh (SC 28)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
5 02-04-2026 Mr. N. K. Agarwal, learned Senior Advocate
appearing on behalf of the petitioner duly assisted by Mr. Md.
Najmul Hoda submits that the present Writ Petition may be
disposed of granting liberty to the petitioner to file a suitable
representation ventilating his grievance before the Executive
Engineer, Public Health Division, Buxar, Bihar (Respondent No.
4) and the said representation may be directed to be considered
and necessary orders passed.
Patna High Court CWJC No.9221 of 2023(5) dt.02-04-2026
2/3
2. Learned counsel appearing on behalf of the
Respondent-State submits that he has no objection if a direction
is given to the Respondent No. 4 to consider the representation
made by the petitioner in accordance with law.
3. Having regard to the above made submissions the
present Writ Petition is disposed of granting liberty to the
petitioner to file a suitable representation ventilating his
grievance before the Executive Engineer, Public Health
Division, Buxar, Bihar i.e. Respondent No. 4 herein within a
period of four weeks from today. On such representation being
made the authority, i.e., the Respondent No. 4 herein shall
consider the same and pass appropriate orders. In case, the
authority comes to the conclusion that the claim of the petitioner
is genuine, he shall endeavour to make the necessary payments
to the petitioner as expeditiously as possible. However, in case
the authority comes to the conclusion that the claim of the
petitioner does not merit any consideration, he shall pass a
reasoned order giving reasons for such rejection. The entire
exercise shall be completed as expeditiously as possible,
preferably within a period of 12 weeks from the date of receipt
of a copy of the representation. Needless to observe that before
passing any orders the petitioner shall be granted an opportunity
Patna High Court CWJC No.9221 of 2023(5) dt.02-04-2026
3/3
of hearing. Any orders passed shall be communicated to the
petitioner.
4. With the above directions, the Writ Petition stands
disposed of.
(A. Abhishek Reddy, J)
shakir/-
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