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Patna High Court

Dharmnath BaithaversusK Senthil Kumar, I.A.S. Chief Secretary

Decided
Disposal
DISPOSED

Holding

The M.J.C. petition is disposed of as the order dated 08-08-2024 has been complied with, with liberty to approach the appropriate forum for any further grievance.

Summary

The petitioner, Dharmnath Baitha, filed a miscellaneous jurisdiction petition challenging an order dated 08-08-2024 passed by the Patna High Court in Civil Writ Jurisdiction Case No.11790 of 2024, alleging it was contrary to law and a gross violation of settled principles. The State contended that the order had already been complied with. The Court examined the submissions and noted that the order in question had indeed been implemented by the concerned authority. Consequently, the Court allowed the petitioner to seek any further remedy in the appropriate forum if he remained aggrieved. The Court therefore disposed of the M.J.C. petition, stating it stands dropped.

Issues considered

  • What is the appropriate remedy for the petitioner if the order dated 08-08-2024 has been complied with?
  • Whether the M.J.C. petition should be dismissed on the ground of compliance with the earlier order?

Subjects

  • Miscellaneous Jurisdiction
  • Civil Writ Jurisdiction
  • Order compliance
  • Petition dismissal
  • Administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.4242 of 2024
                                                       In
                                 Civil Writ Jurisdiction Case No.11790 of 2024
                 ======================================================
                 Dharmnath Baitha S/o Sukhlal Baitha, R/o village - Majlispur, P.S.- Garkha,
                 District - Saran, Bihar.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    K Senthil Kumar, I.A.S. Chief Secretary State of Bihar.
           2.    Sri Jai Singh, The Principal Secretary, Department of Revenue and Land
                 Reforms, Bihar.
           3.    Sri Dipak Kumar Singh, the Additional Chief Secretary, Department of
                 Revenue and Land Reforms, Bihar, Patna.
           4.    Dr B Rajender, the Principal Secretary, General Administration Department,
                 Bihar, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Vishwajeet Kumar Mishra, Advocate
                 For the Opposite Party/s :     Mr. Standing Counsel 18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   17-04-2026                  Heard learned Counsel for the petitioner and learned

                   Counsel for the State.

                                2. Learned Counsel for the petitioner submits that

                   order has been passed but this order is not in accordance with

                   law, wholly erroneous, and amounts to a gross violation of the

                   settled principles of law.

                                3. Learned Counsel for the State submits that the

                   order dated 08.08.2024 passed by this Court in CWJC No.11790

                   of 2024 has already been complied with.

                                4. Since order has been passed by the authority
         Patna High Court MJC No.4242 of 2024(3) dt.17-04-2026
                                                     2/2




                   concerned, this M.J.C. petition is hereby dropped with liberty

                   that in case petitioner has any grievance from the said speaking

                   order he has remedy to challenge the same before the

                   appropriate forum.

                                5. Accordingly, the M.J.C. application stands disposed

                   off.

                                                                 (Dr. Anshuman, J)
    Mkr./-

U


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