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Patna High Court

Priyanka Devi @ Sudha DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed with liberty to the petitioners to approach the concerned SDO for redressal, and no quashing of the SDO’s order is ordered.

Summary

The petition was filed by Priyanka Devi and co‑accused seeking to quash an order dated 5 January 2024 issued by the Sub‑Divisional Officer (SDO) of Patna Sadar in case No. 1428 (M) of 2023. The petitioners argued that the SDO’s order was erroneous and asked the High Court to set it aside. The State of Bihar, as respondent, raised no objection to the petitioners’ request for liberty to approach the SDO for redress. Justice Sunil Dutta Mishra, after hearing counsel, accepted the petitioners’ submission and ordered that the case be disposed with liberty to the petitioners to file an application before the concerned SDO. The court directed the SDO to dispose of the petitioners’ application within three months. Consequently, the petition was dismissed without a substantive order of quash, but with a procedural direction for further administrative remedy.

Issues considered

  • Whether the order dated 5 January 2024 passed by the Sub‑Divisional Officer can be quashed by the High Court
  • Whether the petitioners are entitled to liberty to approach the SDO for redressal of their grievance

Subjects

  • quash order
  • administrative law
  • sub‑divisional officer
  • high court
  • petition
  • procedural liberty

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.1845 of 2025
     ======================================================
     Priyanka Devi @ Sudha Devi Wife of Shrawan Kumar Prasad @ Shawran
     Kumar Prasad @ Shrawan Kumar Resident of A/19, Rajeev Nagar Gali, Kanti
     Factory Road, Near Wonder Land School Gandhinagar Kankarbagh, P.S. -
     Patrakar Nagar, P.O. - Bahadurpur Housing Colony, District - Patna

                                                             ... ... Petitioner/s
                                      Versus
1.   The State of Bihar
2.   Nityanand Son of Vijay Rai Resident of A/19, Rajeev Nagar, Kanti Factory
     Road, Near Wonder Land School Gandhinagar Kankarbagh, P.S. - Patrakar
     Nagar, P.O. - Bahadurpur Housing Colony, District - Patna
3.   Ratan Kumar Jaiswal Son of Late Vidyanand Prasad Resident of A/19,
     Rajeev Nagar, Kanti Factory Road, Near Wonder Land School Gandhinagar
     Kankarbagh, P.S. - Patrakar Nagar, P.O. - Bahadurpur Housing Colony,
     District - Patna
4.   Karunesh Kumar Son of Late Ram Prit Sharma Resident of A/19, Rajeev
     Nagar, Kanti Factory Road, Near Wonder Land School Gandhinagar
     Kankarbagh, P.S. - Patrakar Nagar, P.O. - Bahadurpur Housing Colony,
     District - Patna
5.   Sanjay Kumar Son of Satyendra Prasad Resident of A/19, Rajeev Nagar,
     Kanti Factory Road, Near Wonder Land School Gandhinagar Kankarbagh,
     P.S. - Patrakar Nagar, P.O. - Bahadurpur Housing Colony, District - Patna
6.   Shambhu Sharma Son of Late Navlesh Singh Resident of A/19, Rajeev
     Nagar, Kanti Factory Road, Near Wonder Land School Gandhinagar
     Kankarbagh, P.S. - Patrakar Nagar, P.O. - Bahadurpur Housing Colony,
     District - Patna
7.   Anjani Kumar Mehta Son of Late Lakhan Mehta Resident of A/19, Rajeev
     Nagar, Kanti Factory Road, Near Wonder Land School Gandhinagar
     Kankarbagh, P.S. - Patrakar Nagar, P.O. - Bahadurpur Housing Colony,
     District - Patna
8.   Ajay Kumar Sinha Son of Late Sidheshwar Prasad Resident of A/19, Rajeev
     Nagar, Kanti Factory Road, Near Wonder Land School Gandhinagar
     Kankarbagh, P.S. - Patrakar Nagar, P.O. - Bahadurpur Housing Colony,
     District - Patna
9.   Navlesh Sharma Son of Rajendra Prasad Singh Resident of A/19, Rajeev
     Nagar, Kanti Factory Road, Near Wonder Land School Gandhinagar
     Kankarbagh, P.S. - Patrakar Nagar, P.O. - Bahadurpur Housing Colony,
     District - Patna
10. Daya Shankar Singh Son of Late Thakur Hari Dutt Prasad Singh Resident of
    A/19, Rajeev Nagar, Kanti Factory Road, Near Wonder Land School
    Gandhinagar Kankarbagh, P.S. - Patrakar Nagar, P.O. - Bahadurpur Housing
    Colony, District - Patna
11. Ramcharit Prasad Son of Late Lalta Prasad Sharma Resident of A/19, Rajeev
    Nagar, Kanti Factory Road, Near Wonder Land School Gandhinagar
         Patna High Court CR. MISC. No.1845 of 2025(3) dt.24-04-2026
                                                     2/3




                 Kankarbagh, P.S. - Patrakar Nagar, P.O. - Bahadurpur Housing Colony,
                 District - Patna
           12. Krishna Prasad Singh Son of Late Sahdeo Singh Resident of A/19, Rajeev
               Nagar, Kanti Factory Road, Near Wonder Land School Gandhinagar
               Kankarbagh, P.S. - Patrakar Nagar, P.O. - Bahadurpur Housing Colony,
               District - Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Prakash Dwivedi, Advocate
                                                  Mr. Sourabh Raj, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   24-04-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. This petition has been filed for quashing the order

                   dated 05.01.2024 passed by learned Sub-Divisional Officer,

                   Patna Sadar, Patna in Case No. 1428 (M) of 2023.

                                 3. After some arguments, learned counsel for the

                   petitioner submits that this case may be disposed of with liberty

                   to the petitioner to approach before the concerned S.D.O. for

                   redressal of his grievance.

                                 4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.

                                 5. In view of the submission of learned counsel for the

                   petitioner, this case stands disposed of with liberty to the

                   petitioner, as prayed for.

                                 6. On filing of the proposed application by the
            Patna High Court CR. MISC. No.1845 of 2025(3) dt.24-04-2026
                                                        3/3




                      petitioner, the concerned S.D.O. is directed to dispose of the

                      same within a period of three months.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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