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Patna High Court

Harikishan @ Parmeshwar Muni @ Parmeshwar Muni PujariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that it cannot issue directions to subordinate officers for execution, but may direct the Collector to ensure implementation within his authority.

Summary

The petitioner, Harikishan @ Parmeshwar Muni Pujari, filed a representation before the Circle Officer, Didarganj on 9 April 2026 and earlier before the Collector‑cum‑District Magistrate, Patna on 2 March 2026, seeking redress of his grievance. The Collector forwarded the petition to the Circle Officer, but the officer failed to act, prompting the petitioner to seek a writ directing the officer to dispose of the representation. The State argued that a writ court cannot function as an executing court and should not issue directions to subordinate officials of the Collector. The High Court agreed that it is not its role to direct subordinate officers for execution of the Collector’s orders, but it emphasized that the Collector must ensure implementation within his competence. Consequently, the Court directed the Collector, Patna, to personally look into the matter and redress the petitioner’s grievance. The writ application was disposed with the said direction.

Issues considered

  • Whether the High Court can issue directions to subordinate officers of the Collector for execution of a representation filed under administrative proceedings.

Subjects

  • writ jurisdiction
  • administrative law
  • High Court
  • Collector
  • subordinate officers
  • execution of orders
  • civil writ

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9975 of 2026
                 ======================================================
                 Harikishan @ Parmeshwar Muni @ Parmeshwar Muni Pujari son of Late
                 Gyan Singh, Resident of Village Subhanpur, P.S. Achhaita, District Auraiya
                 (Uttar Pradesh 206241) at present Address Sri Tyagi Baba Ashram Rikabganj
                 P.S. Malsalam Near Bazar Samiti Patna City, Patna 800008.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary Revenue and
                 Land Reforms Department Govt. of Bihar, Patna.
           2.    The Collector-Cum-District Magistrate Patna.
           3.    The Circle Officer, Patna City Patna.
           4.    The Circle Officer Deedarganj, Patna.
           5.    The Baban Yadav, son of Mahavir Yadav resident of Mohalla Rikabganj P.S.
                 Malsalami Patna City, Patna.
           6.    Raghuvir Yadav, son of Bundel Master resident of Mohalla Rikabganj P.S.
                 Malsalami Patna City, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Amar Nath Singh, Advocate
                 For the Respondent/s   :      Mr. Sauresh Kumar Singh, AAG- 13
                                               Mr. Abhinav Alok, AC to AAG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   09-07-2026                   At the very outset, without going into the merit of

                   the case, learned counsel representing the petitioner fairly

                   submits that he will be satisfied if a direction is issued to Circle

                   Officer, Didarganj to dispose off his representation filed on

                   09.04.2026. He further submits that he has also filed a

                   representation before the Collector-cum-District Magistrate,

                   Patna on 02.03.2026 and the Collector, Patna vide memo No.

                   848 dated 07.03.2026 forwarded his representation to the
Patna High Court CWJC No.9975 of 2026(2) dt.09-07-2026
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          concerned Circle Officer, Didarganj for deciding the issue so

          raise in the application but he submits that Circle Officer,

          Didarganj is sitting tight over the matter.

                      2. Learned counsel for the State vehemently opposes

          this prayer of the petitioner by stating that a writ Court cannot

          be allowed to be converted into an executing Court whereby a

          direction could be issued to the subordinate officers of the

          Collector of the District for executing, implementing and

          complying the direction so issued by the Collector.

                      3. The Court finds force in the submission so made on

          behalf of the learned counsel for the State. However, taking a

          very lenient view in the matter, this Court expects that the

          Collector, Patna will take all possible necessary steps within his

          competence and authority to get his order implemented and

          complied by his subordinate officers.

                      4. The High Court is not meant for issuing directions

          for getting the orders passed by or forwarded by the Collector,

          executed. The efficiency and administrative capability of the

          Collector will come into question, if High Court entertains this

          kind of writ application and decide to issue directions to the

          concerned authority, which are subordinate in the administrative

          echelon, to the Collector of the district.
          Patna High Court CWJC No.9975 of 2026(2) dt.09-07-2026
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                                5. The Collector, Patna is hereby directed to look into

                    the matter personally and redress the grievances of the

                    petitioner, at the earliest.

                                6. The writ application is disposed of with the

                    aforesaid directions.

                                7. All pending interlocutory application(s), if any,

                    stand/s disposed off.



                                                               (Rana Vikram Singh, J)
Rakesh/Prakash-

U


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