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Patna High Court

Sanjeet Kumar RaoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court directed the Collector‑cum‑District Magistrate to dispose of the pending appeal within twelve weeks, granting the petitioner a hearing before any order.

Summary

Petitioner Sanjeet Kumar Rao filed a writ petition seeking a direction to the Collector‑cum‑District Magistrate of West Champaran to dispose of an appeal he had filed against a 04‑April‑2025 order of the Sub‑Divisional Officer, Bagaha. The petitioner alleged that the appeal had not been numbered or assigned a hearing date, causing undue delay. Both parties consented to dispose of the petition at the admission stage. The court, without examining the merits, ordered the respondent authority to consider the appeal and to dispose of it within twelve weeks of receiving the order, ensuring the petitioner is heard before any decision. The writ petition was consequently disposed.

Issues considered

  • What procedural direction can a High Court issue to a district authority to ensure expeditious disposal of a pending administrative appeal?

Subjects

  • writ jurisdiction
  • appeal disposal
  • administrative law
  • expeditious disposal
  • direction to authority

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.16427 of 2025
                 ======================================================
                 Sanjeet Kumar Rao Son of Awadhkishor Rao, Resident of Ward No. 08,
                 Diuliya, Bigri, P.S. Ramnagar District- West Champaran, Bihar.

                                                                              ... ... Petitioner/s

                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Government of Bihar, Patna.
           2.    The Principal Secretary, Food and Consumer Protection Department,
                 Government of Bihar, Patna.
           3.    The Divisional Commissioner, Tirhut Division Muzaffarpur.
           4.    The Collector-cum-District Magistrate, West Champaran at Bettiah.
           5.    The District Supply Officer, West Champaran at Bettiah.
           6.    The Sub Divisional Officer, Bagaha, District- West Champaran.

                                                                           ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Manini Jaiswal, Adv.
                 For the Respondent/s   :     Mr. Addl. Advocate General 04
                 For the LIC            :     Mr. Rajni Kant Singh, Adv.
                                              Mr. Rakesh Kumar, Adv.
                                              Mr. Manish Kumar, Adv.
                                              Mr. Sandeep Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   20-01-2026                  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. The only prayer sought for in the present writ

                   petition is for disposing of the appeal filed by the petitioner

                   before the Respondent No. 4 herein against the orders of the Sub
Patna High Court CWJC No.16427 of 2025(2) dt.20-01-2026
                                           2/3




          Divisional Officer dated 04.04.2025 in memo no. 242. Learned

          counsel submits that the petitioner has preferred an appeal and

          the authority till date has neither numbered the same nor

          intimidated the date of hearing. Learned counsel submits it

          would suffice for the present if the Respondent No. 4 is directed

          to dispose of the appeal filed by the petitioner as expeditiously

          as possible by putting a time frame.

                      3. Learned counsel appearing on behalf of the

          respondent State submits that he has no objection if a direction

          is given to the Respondent No. 4 to dispose of the appeal

          pending before it strictly in accordance with law. Having regard

          to the same, the present writ petition is disposed of directing the

          Respondent No. 4 to consider the appeal filed by the petitioner

          preferred against the order dated 04.04.2025 passed by the Sub

          Divisional Officer, Bagaha vide memo No. 242. The authority

          shall endeavour to dispose of the said appeal as expeditiously as

          possible preferably within a period of twelve weeks from the

          date of receipt of the copy of this order. It is needless to mention

          that before passing any order, the petitioner shall be granted an

          opportunity       of    hearing.       Any      order   passed   shall   be

          communicated to the party.

                      4. With the above directions, the present writ petition
             Patna High Court CWJC No.16427 of 2025(2) dt.20-01-2026
                                                        3/3




                       stands disposed of.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U


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