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Patna High Court

M/s Sai All Solution PatnaversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U


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