Patna High Court

Buchchi ChoudharyversusThe State of Bihar

Decided: 8 April 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The Court allowed the petitioner to file a representation before the Sub‑Divisional Officer and directed the authority to consider it strictly in law and pass a reasoned order.

Summary

Petitioner Buchchi Choudhary filed a writ petition seeking a direction that he be allowed to submit a representation concerning a grievance with an ePOS machine before the Sub‑Divisional Officer, Saharsa, and that the authority consider it strictly in accordance with law. The State of Bihar consented to the filing of such representation. The Court, without examining the merits, disposed of the petition at the admission stage with the consent of both parties. It granted the petitioner liberty to file his representation within four weeks and directed the Sub‑Divisional Officer to consider it, take necessary action, and issue a reasoned order either correcting the ePOS machine or rejecting the grievance. The authority was also instructed to complete the process expeditiously, preferably within four weeks of receiving the representation, and to communicate any order to the parties. Consequently, the writ petition was disposed of.

Issues considered

Whether the petitioner should be permitted to file a representation before the Sub‑Divisional Officer and the authority be directed to consider it strictly in accordance with law?

Subjects

writ jurisdiction
representation
ePOS machine
administrative law
direction
grievance redressal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3372 of 2026
                 ======================================================
                 Buchchi Choudhary Son of Lakshmikant Choudhary, Resident of Village-
                 Ganadaul, P.S.-Mahishi, District-Saharsa.

                                                                        ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Food and Consumer
                 Protection Department, Old Secretariat, Patna.
           2.    The District Magistrate, Saharsa, District-Saharsa.
           3.    The Sub-Divisional Officer, Saharsa, District-Saharsa.
           4.    The Block Supply Officer, Mahishi, District-Saharsa.
           5.    The District Supply Officer, District-Saharsa.
           6.    The District Godown Manager, District-Saharsa.
           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. Government Pleader (26)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   08-04-2026                   Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner may be permitted to

                   give a suitable representation ventilating his grievance

                   before the Sub-Divisional Officer, Saharsa, District-Saharsa

                   i.e. Respondent No. 3 herein and a direction may be issued

                   to the Respondent No. 3 to consider the same strictly in

                   accordance with law and pass necessary orders by fixing a

                   time frame.
Patna High Court CWJC No.3372 of 2026(2) dt.08-04-2026
                                            2/3




                      2. Learned counsel appearing on behalf of the

          Respondent-State submits that he has no objection if the

          petitioner files a representation and the authority is directed

          to consider the same strictly in accordance with law.

                      3. 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. Having

          regard to the above made submissions, the present writ

          petition is disposed of granting liberty to the petitioner to

          file a suitable representation ventilating his grievance

          before the Sub-Divisional Officer, Saharsa, District-Saharsa

          i.e. Respondent No. 3 herein within a period of 4 weeks

          from today. On such representation being given, the

          authority shall consider the same and take necessary action

          strictly in accordance with law. In case the authority comes

          to the conclusion that the petitioner’s grievance is genuine,

          he shall take steps for correction of the ePOS machine and

          in case the authority comes to the conclusion that the

          grievance of the petitioner does not merit any consideration,

          he shall pass a reasoned order giving reasons for such

          rejections. The entire exercise shall be completed as
           Patna High Court CWJC No.3372 of 2026(2) dt.08-04-2026
                                                       3/3




                     expeditiously as possible preferably within a period of 4

                     weeks from the date of the receipt of the representation by

                     the petitioner. Any order passed shall be communicated to

                     the party.

                                  4. With the above directions, the present Writ

                     Petition stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U

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