Patna High Court
Harikishan @ Parmeshwar Muni @ Parmeshwar Muni PujariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
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
3/3
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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