Patna High Court

Ajay KumarversusThe State of Bihar

Decided: 26 March 2026
Disposal: DISPOSED
Bench: SOURENDRA PANDEY

Holding

The court directed the District Magistrate, Gaya, to dispose of the Demand Cancellation Appeal No. 05 of 2021 within three months, after hearing the parties.

Summary

The petitioners filed a writ application seeking relief from the delay in disposing the Demand Cancellation Appeal No. 05 of 2021, which remained pending after an order dated 14‑12‑2020. They requested the court to direct the District Magistrate of Gaya to dispose of the appeal within a reasonable period. The learned Additional Collector did not object to the prayer. The court, after considering the facts, directed the District Magistrate to dispose of the pending appeal within three months from the date of the order, after giving an opportunity of hearing to all concerned parties. The order also noted that any further documents may be taken into account. Consequently, the writ application was disposed of with the said direction.

Issues considered

Whether the District Magistrate should be directed to dispose of the pending Demand Cancellation Appeal No. 05 of 2021 within a reasonable time.

Subjects

writ petition
demand cancellation appeal
administrative delay
civil procedure
district magistrate

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.11732 of 2022
     ======================================================
1.   Ajay Kumar son of Late Badri Prasad, resident of village Mohalla
     Makhlotganj Sawarajpuri Road, P.S. Kotwali, District Gaya.
2.   Jitendra Kumar, Son of Late Badri Prasad, resident of village Mohalla
     Makhlotganj Sawarajpuri Road, P.S. Kotwali, District Gaya.
3.   Jyoti Kumar Baranwal, Wife of Sanjay Kumar, resident of village Mohalla
     Makhlotganj Sawarajpuri Road, P.S. Kotwali, District Gaya.
4.   Shatrughan Prasad, Son of Bhuneshwar Lal resident of village Mohalla
     Makhlotganj Sawarajpuri Road, P.S. Kotwali, District Gaya.


                                                                 ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2.   The District Magistrate, Gaya.
3.   The Additional District Magistrate, Gaya.
4.   The Anchal Adhikari, Bodh Gaya Block, District Gaya.
5.   Madheshwar Yadav, Son of Late Chandradeo Yadav, resident of Village
     Lodhipur, P.S. Paraiya District Gaya (Bihar).


                                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Shailesh Kumar Singh, Adv.
     For the Respondent/s   :       Mr. AC to SC-19
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT
     Date : 26-03-2026

                        Heard the learned counsel for the parties.

                        2. The petitioners, by way of present writ

      application, are aggrieved by the fact that the Demand
Patna High Court CWJC No.11732 of 2022 dt.26-03-2026
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         Cancellation Appeal No. 05 of 2021, which was filed by them

         against the order dated 14.12.2020, passed by the Additional

         Collector, Gaya in Jamabandi Cancellation Case No. 55/2019-

         2020, is still pending.

                          3. The learned counsel for the petitioners submits

         that their grievance would be redressed if the present writ

         application is disposed of with a direction to respondent No.

         2/District Magistrate, Gaya, to dispose of the Demand

         Cancellation Appeal No. 05 of 2021 within a reasonable

         period.

                          4. The learned AC to SC-19 does not object to

         such prayer.

                          5. Considering the facts and circumstances of the

         case, the present writ application is disposed of with a

         direction to respondent No. 2/District Magistrate, Gaya to

         dispose of the Demand Cancellation Appeal No. 05 of 2021,

         preferred by the petitioners, within a period of three months

         from today, after giving an opportunity of hearing to all the

         concerned parties.

                          6. It goes without saying that the order shall be

         passed taking into account the grievance of the petitioners and

         any other further document(s) being brought on record by the
             Patna High Court CWJC No.11732 of 2022 dt.26-03-2026
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                      petitioners.

                                       7. With the aforesaid observation/direction, the

                      present writ application stands disposed of.

                                       8. Interlocutory application(s), if any, also stands

                      disposed of accordingly.




                                               (Sourendra Pandey, J)
Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          26.03.2026
Transmission Date       N/A

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