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Patna High Court

Subesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed at the admission stage, with directions to consider the petitioner’s prior representation, grant a hearing, and refrain from coercive steps.

Summary

The petitioner, Subesh Kumar, filed a writ petition challenging actions taken by various officials of the Bihar Food and Consumer Protection Department. The court, without examining the merits, disposed of the petition at the admission stage with the consent of both parties. It directed the Sub‑Divisional Officer, Hajipur, to consider the petitioner’s earlier representation dated 18‑09‑2025, grant a hearing, and issue a reasoned order. If the grievance is upheld, the authorities must correct the EPOS machine within four weeks. The court also ordered that no coercive steps be taken against the petitioner until a final decision is made, and the petition was thereafter disposed.

Issues considered

  • Whether the writ petition should be entertained on its merits or disposed at the admission stage
  • Whether the petitioner is entitled to relief preventing coercive action pending consideration of his representation

Subjects

  • writ petition
  • admission stage
  • representation
  • EPOS machine
  • coercive steps
  • direction
  • hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3356 of 2026
                 ======================================================
                 Subesh Kumar, Son of Tapendra Baitha, Resident of village- Chakramdas,
                 P.S. and District-Vaishali.

                                                                        ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Old Secretariat, Patna.
           2.    The District Magistrate, Vaishali.
           3.    The Sub-Divisional Officer, Hajipur, District - Vaishali.
           4.    The Block Supply Officer, Vaishali, District - Vaishali.
           5.    The District Supply Officer, District - Vaishali.
           6.    The Additional District Supply Officer, District - Vaishali.
           7.    The Head of I.T. Cell, Food and Consumer Protection Department, Old
                 Secretariat, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Rajeev Kumar Labh, Advocate.
                 For the Respondent/s   :       Mr. Standing Counsel (20) with
                                                Mr. Md. Zeeshan Kalim, AC to SC 20.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   07-04-2026                   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. Having regard to the fact that the petitioner has

                   already ventilated his grievance by way of a representation

                   dated 18.09.2025 (Annexure-P/1 Series), the present writ

                   petition is disposed of directing the Sub-Divisional Officer,

                   Hajipur, District-Vaishali i.e. Respondent No. 3 herein to
           Patna High Court CWJC No.3356 of 2026(2) dt.07-04-2026
                                                       2/2




                     consider the said representation in accordance with law and pass

                     a reasoned order. In case the grievance of the petitioner is found

                     to be correct, the authority shall endeavour to take necessary

                     steps for correction of the EPOS machine as expeditiously as

                     possible preferably within a period of four weeks from the date

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

                     the authorities before passing any order shall grant petitioner an

                     opportunity       of    hearing.        Any    order   passed   shall   be

                     communicated to the party.

                                   3. Till such time the final decision is taken, the

                     authority is directed not to take any coercive steps against the

                     petitioner.

                                   4. With the above directions, the present writ petition

                     stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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