Patna High Court

Ram Nagina RamversusThe State of Bihar

Decided: 31 January 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The court held that the petitioner must first file a representation before the Sub Divisional Officer and the authority must consider it and pass rectification orders within the stipulated time.

Summary

The petitioner, Ram Nagina Ram, filed a writ petition seeking rectification of a defective E‑POS machine. He requested the court to direct the concerned administrative authority to address his grievance. The State of Bihar and the respondents agreed to the direction. The court granted the petitioner liberty to file a representation before the Sub Divisional Officer within four weeks and ordered the authority to consider the representation and issue rectification orders within another four weeks, after hearing the petitioner. The petition was thereafter disposed.

Issues considered

Whether the court can direct the petitioner to first file a representation before the Sub Divisional Officer and the authority to consider it before granting relief in the writ petition

Subjects

writ petition
administrative remedy
E-POS machine
rectification
hearing
civil writ jurisdiction
representation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20664 of 2025
                 ======================================================
                 Ram Nagina Ram S/o Dukhi Ram, R/o Village- Bhadara, P.S.- Nauhatta,
                 District- Rohtas.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Food and
                 Civil Supplies, Bihar, Patna.
           2.    The District Magistrate, Rohtas.
           3.    The District Supply Officer, Rohtas.
           4.    The Sub Divisional Officer, Dihri, Rohtas.
           5.    The Block Supply Officer, Nauhatta, Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Abhash, Adv.
                                          :     Mr. Ajay Kumar Sinha
                 For the Respondent/s     :     Mr. Standing Counsel (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   31-01-2026                   Learned counsel appearing on behalf of the petitioner

                   submits that the petitioner may be directed to file a suitable

                   representation ventilating his grievance before the respondent

                   No. 4 (i.e., The Sub Divisional Officer, Dihri, Rohtas) and the

                   authority may be directed to consider the same and pass

                   necessary orders.

                                 2.     Learned counsel appearing on behalf of the

                   respondent-State states that he has no objection if a direction is

                   given to the respondent No. 4 herein to consider the

                   representation in accordance with law.

                                 3. Having regard to the above made submissions, the
          Patna High Court CWJC No.20664 of 2025(2) dt.31-01-2026
                                                     2/2




                    writ petition is disposed of granting liberty to the petitioner to

                    file a representation before the respondent No. 4 herein within a

                    period of four weeks from today. On such representation being

                    given, the authority shall the consider the same strictly in

                    accordance with law and pass necessary orders for rectification

                    of the E-POS Machine within a period of four weeks thereof. It

                    is needless to mention that before passing any orders, the

                    petitioner shall be given an opportunity of hearing. Any orders

                    passed shall be communicated to the petitioner.

                                4. With the above direction, the present writ petition

                    stands disposed of.



                                            (A. Abhishek Reddy, J)
Ayush/-

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