Patna High Court
Sahadat Hussain @ Sahadat HusenversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court directed the Collector‑cum‑District Magistrate, Siwan, to dispose of the pending appeal within twelve weeks, granting the petitioner a hearing before any order.
Summary
The petitioner, Sahadat Hussain, filed a writ petition seeking a direction to the Collector-cum-District Magistrate of Siwan to dispose of an appeal he had filed against an order dated 29-07-2017 passed by the Sub‑Divisional Officer, Maharajganj. The sole relief prayed for was an order compelling the respondent authority to number and schedule a hearing for the pending appeal. Both parties consented to dispose of the petition at the admission stage without delving into the merits. The Court, noting the respondent's willingness to comply, directed the Collector‑cum‑DM to dispose of the appeal within twelve weeks of receiving the order, ensuring the petitioner is given a hearing before any decision. The petition was consequently disposed of.
Subjects
- writ petition
- administrative law
- appeal disposal
- expeditious disposal
- public authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16706 of 2025
======================================================
Sahadat Hussain @ Sahadat Husen S/o Late Mohammad Gaphur, Resident of
Village- Daraundha, P.O. and P.S. Daraundha, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Food and Consumer
Protection, Government of Bihar, Patna.
2. The Collector-cum-District Magistrate, Siwan.
3. The Sub Divisional Officer, Maharajganj, District- Siwan.
4. The Block Supply Officer, Daraundha, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Advocate.
For the Respondent/s : Mr. Government Pleader (3)
======================================================
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, Siwan i.e.
Respondent No. 2 herein against the orders of the Sub-
Divisional Officer, Maharajganj-cum-Licensing Authority
dated 29.07.2017. Learned counsel submits that the
petitioner has preferred an appeal and the authority till date
Patna High Court CWJC No.16706 of 2025(2) dt.20-01-2026
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has neither numbered the same nor intimated the date of
hearing. Learned counsel submits it would suffice for the
present if the Respondent No. 2 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. 2 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, Siwan i.e. Respondent No. 2 herein to consider
the appeal preferred by the petitioner against the order dated
29.07.2017 passed by the Sub-Divisional Officer,
Majarajganj, District-Siwan. 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 party.
Patna High Court CWJC No.16706 of 2025(2) dt.20-01-2026
3/3
5. With the above directions, the present writ
petition stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
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