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Patna High Court

Sahadat Hussain @ Sahadat HusenversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                           2/3




          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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