Ram Shekhar Prasad vs The State Of Bihar
2026 Latest Caselaw 671 Patna

Patna High Court

Ram Shekhar Prasad vs The State Of Bihar on 10 March, 2026

Author: Anshuman

Bench: Anshuman

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5400 of 2025
     ======================================================
     Ram Shekhar Prasad son of Late Ram Julum Singh, resident of Sadikpur
     Moraul, Police Station Sakra, District-Muzaffarpur.
                                                                ... ... Petitioner/s
                                         Versus
1.    The State of Bihar through the Principal Secretary, Urban Development and
      Housing Department, Vishwesharaiya Bhawan, Patna.
2.   The Managing Director, Bihar State Housing Board, having his office in 6,
     Mangles Road, Police Station Sachivalaya, District-Patna.
3.   The Secretary, Bihar State Housing Board, having his office in 6, Mangles
     Road, Police Station Sachivalaya, District-Patna.
4.    The Executive Engineer, Electrical Division, Bihar State Housing Board,
      Patna.
                                                            ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr.Rupak Kumar, Advocate
                                    Mr. Vikrant Kumar, Advocate
     For the State           :      Mr. Asit Kumar Jha, AC to GP-2
     For the BSHB            :      Dr. Alok Kumar Sinha, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                         ORAL JUDGMENT

Date : 10-03-2026 Heard learned counsel for the petitioner, learned

counsel for the State and learned counsel for the BSHB.

2. The present writ petition has been filed for for a

direction to regularize the services of the petitioner on the post

of electrician and consequent upon regularization by the State

authorities the consequential benefits be granted to the

petitioner.

3. Learned counsel for the petitioner submits that the

case of the petitioner is squarely covered by that of a similarly

situated person who was working in the Bihar State Housing

Board and was appointed on the same date, though by a Patna High Court CWJC No.5400 of 2025 dt.10-03-2026

different order number. Learned counsel further submits that in

writ petition bearing CWJC No. 17697 of 2014 filed by one

Vijay Kumar Mehta, this Hon'ble Court was pleased to pass an

order dated 27.07.2023 whereby liberty was granted to the

petitioner therein to file an appropriate representation before the

respondents, annexing copies of the judgments relied upon by

him, within a period of four weeks from the date of the order,

whereupon the respondents were directed to pass a reasoned and

speaking order thereon in accordance with law within a period

of eight weeks thereafter.

4. Learned counsel for the petitioner further submits

that in light of the Bihar State Litigation Policy, 2011, the

petitioner is entitled to the same relief, at least to the extent of

consideration and disposal of his representation, as granted in

CWJC No. 17697 of 2014.

5. On the contrary, learned counsel for the State as

well as learned counsel for the Bihar State Housing Board

vehemently oppose the prayer and submit that the writ petition

filed by the petitioner is barred by delay and laches. It is

submitted that the petitioner superannuated in the year 2008,

whereas the cause of action arose in the year 1985, but the

present writ petition has been filed only in the year 2025. Patna High Court CWJC No.5400 of 2025 dt.10-03-2026

Hence, according to them, no relief should be granted to the

petitioner.

6. After hearing the parties and upon perusal of the

documents annexed to the writ petition, particularly Annexures

P-8 and P-9, as well as considering the Bihar State Litigation

Policy, 2011, especially Clause 4C thereof, this Court finds it

appropriate to quote Clause 4C of the Bihar State Litigation

Policy, 2011 and the observation made in Annexure P-8 of the

writ petition.

Clause 4C of the Bihar State Litigation Policy, 2011 reads as under:

"4.C(1). A good number of cases are from the category of similar cases. Each Government Department will aim to consider and settle the claim of the representationist/ applicant employee/ citizen, if the claim is found covered by any decision of the Court. Many service matters of this nature, can be disposed of at the level of the Department itself without compelling the litigant to come to the Court. In this manner, the Government Departments would be acting as efficient litigants.)

Operative portion of the order dated 27.07.2023,

passed in CWJC No. 17697 of 2014, reads as under :

"Having regard to the facts and circumstances of the case, I deem it fit and Patna High Court CWJC No.5400 of 2025 dt.10-03-2026

proper to grant liberty to the petitioner to file appropriate representation before the respondents, annexing copies of the judgments being relied upon by him, within a period of four weeks from today, whereupon, the respondents, shall pass a reasoned and a speaking order, thereon, in accordance with law, within a period of eight weeks, thereafter."

7. In light of the submissions made, it transpires to

this Court that it would be appropriate to grant liberty to the

petitioner to file an appropriate representation within four weeks

from today before the Principal Secretary, Urban Development

and Housing Department, Bihar, Patna. Upon filing of such

representation, the Principal Secretary, Urban Development and

Housing Department, Bihar, Patna is directed to pass a reasoned

and speaking order thereon in accordance with law within a

period of four weeks from the date of its filing.

8. With the aforesaid observation and direction, the

writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE                NA
Uploading Date          11/03/2026
Transmission Date       NA