Patna High Court

Umesh PaswanversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The writ petition is not maintainable at the admission stage and is therefore dismissed.

Summary

The petitioner, Umesh Paswan, filed a civil writ petition challenging actions of various officials of the Bihar Food and Civil Supplies Department. He had already submitted an explanation to a show‑cause notice dated 10‑06‑2024, and the concerned Sub‑Divisional Officer (SDO) had not yet issued final orders. The Court, without examining the merits, noted that the pending explanation and pending final orders rendered the writ petition premature. Consequently, the Court declined to entertain the petition at the admission stage. The petition was disposed, but the Court granted the petitioner liberty to approach the SDO once the final orders, if any, are issued.

Issues considered

Whether a writ petition is maintainable when the petitioner has filed an explanation to a show‑cause notice and the final orders of the concerned authority are still pending.

Subjects

writ petition
civil writ jurisdiction
admission stage
administrative law
disposal
show cause notice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.14683 of 2025
                  ======================================================
                  Umesh Paswan S/o Sodhu Paswan, R/o Village-Bhoktari, P.S.-Imamganj,
                  District-Gaya.
                                                                              ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar through the Principal Secretary, Department of Food and
                   Civil Supplies, Bihar, Patna.
            2.    The District Magistrate, Gaya.
            3.    The District Supply Officer, Gaya.
            4.    The Sub Divisional Officer, Sherghati, Gaya.
            5.    The Block Supply Officer, Bankey Bazar, Gaya.
                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :       Mr.Sudhir Kumar Sinha
                  For the Respondent/s   :       Mr.Government Pleader (03)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                        ORAL ORDER

2    12-01-2026                 Without going into the merits or demerits of the case,

                    the present writ petition is disposed of at the stage of admission

                    with the consent of both the counsels.

                                2.   Having regard to the fact that the petitioner has

                    already filed his explanation to the show cause bearing Memo No.

                    267 dated 10.06.2024 and the final orders are yet to be passed by

                    the concerned SDO, this Court is not inclined to entertain the

                    present writ petition.

                                3. The present writ petition is accordingly disposed of

                    granting liberty to the petitioner to challenge the final orders, if

                    any, passed by the concerned SDO.


                                                           (A. Abhishek Reddy, J)
Ayush/-

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