Durgesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.799 of 2026 ====================================================== Durgesh Kumar S/O Late Dulare prasad, Resident of Ashok Medical Haal, P.S- Mairwa, District-Siwan Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief secretary Government of Bihar, Patna. 2.

The Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The District Magistrate, Siwan, Bihar.

4.

The Executive Officer, Nagar Panchayat, Mairwa, District- Siwan, Bihar. 5.

Smt. Kismati Devi, Chief Ward Councillor, Nagar Panchayat, Mairwa, District-Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the State :

Mr. Vijay Laxmi Srivastava, A.C. to S.C. 23 For the Resp. No. 4 :

Mr. Siddharth Shankar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 18-06-2026 Learned Advocate for the respective parties are present.

2. Despite valid service of notice upon respondent no. 5, no-one appeared on her behalf.

3. The petitioner, a Ward Councilor of Ward No. 3 of Nagar Panchayat, Mairwa, District- Siwan, aggrieved with the inaction of the respondent no. 5, has brought the entire facts before all the authorities concerned, including the respondent no. 2, by filing various representation/complaints. However, when no action has been taken over the

Patna High Court CWJC No.799 of 2026 dt.18-06-2026 2/3 representation/complaint of the petitioner, he invoked the jurisdiction of this Court by filing the present writ petition seeking a direction upon the respondent no. 2 (Secretary, Urban Development and Housing Department, Government of Bihar) for disposal of his complaint dated 13.10.2025 by a speaking and reasoned order.

4. A counter affidavit has been filed on behalf of respondent no. 2 with a categorical assertion that on receipt of the complaint and after filing of the writ petition, a letter has been sent to the District Magistrate, Siwan requesting him to conduct a comprehensive enquiry into the matter concern raised by the petitioner and submit a report to the department. A copy of the letter dated 12.01.2026 is placed on record as Annexure-A to the counter affidavit filed on behalf of respondent no. 2. It is submitted that since the District Magistrate, Siwan has yet not furnished the enquiry report, any final order could not be passed. The reminder has also been sent to the District Magistrate for the needful.

5. The respondent nos. 3 and 4 have also filed a counter affidavit and submitted that a report has already been submitted after making proper enquiry in the matter.

6. Considering the limited grievance of the petitioner

Patna High Court CWJC No.799 of 2026 dt.18-06-2026 3/3 as also the fact that now the required enquiry report has already been submitted by the District Magistrate to the respondent no. 2, it is expected that the respondent no. 2 shall look into the matter and bring the complaint petition of the petitioner to its logical conclusion, after giving proper opportunity of hearing to all the stakeholders.

7. It is further expected that the entire exercise must be completed preferably within a period of eight weeks, from the date of receipt/production of a copy of this order.

8. This disposes the writ petition.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.06.2026 Transmission Date NA