Patna High Court

Awadhkishor RaoversusThe State of Bihar through the Principal Secretary, Food and Consumer Protection Department

Decided: 20 January 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

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

Summary

The petitioner, Awadhkishor 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 an order of the Sub‑Divisional Officer dated 29‑04‑2025. The petition sought only a procedural direction and did not contest the merits of the appeal. Both parties consented to dispose of the petition at the admission stage. The Court, noting the respondent State's lack of objection, directed the Collector‑cum‑District Magistrate to decide the appeal within twelve weeks of receiving the order, ensuring the petitioner is given a hearing before any order is passed. The petition was consequently disposed of with the said directions.

Issues considered

Whether the High Court can direct the Collector‑cum‑District Magistrate to dispose of the pending appeal within a specified time frame.

Subjects

writ petition
administrative law
appeal disposal
direction
expeditious disposal
public interest

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.16634 of 2025
                 ======================================================
                 Awadhkishor Rao Son of late Satan Rao, Resident of Ward no. 08, Diuliya,
                 Bigri, PS 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
                 For the Respondent/s    :     Mr.Additional Advocate General (4)
                 ======================================================
                 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      Collector-cum-District        Magistrate,    West

                   Champaran at Bettiah i.e. Respondent No. 4 herein against

                   the orders of the Sub Divisional Officer dated 29.04.2025 in

                   Memo No. 281. Learned counsel submits that the petitioner

                   has preferred an appeal and the authority till date has
Patna High Court CWJC No.16634 of 2025(2) dt.20-01-2026
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          neither numbered the same nor intimated the date of

          hearing. Learned counsel submits it would suffice for the

          present if the Respondent No. 4 herein 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.

                      4. Having regard to the same, the present writ

          petition is disposed of directing the Collector-cum-District

          Magistrate, West Champaran at Bettiah i.e. Respondent No.

          4 herein to consider the appeal preferred by the petitioner

          against the order dated 29.04.2025 passed by the Sub

          Divisional Officer, Bagaha, West Champaran vide Memo

          No. 281. 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 orders, the petitioner shall be granted an opportunity of

          hearing. Any order passed shall be communicated to the
           Patna High Court CWJC No.16634 of 2025(2) dt.20-01-2026
                                                      3/3




                     party.

                                 5. With the above directions, the present writ

                     petition stands disposed of.



                                                     (A. Abhishek Reddy, J)
shakir/-

U

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