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Patna High Court

Ashok SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the petitioner to file a fresh representation within four weeks and ordered the District Magistrate to pass a reasoned order within eight weeks, thereby disposing of the writ petition.

Summary

Ashok Sharma filed a writ petition seeking a direction that the District Magistrate, Nalanda, dispose of his representation filed on 18-08-2025 within a fixed time frame. The State of Bihar contended that the representation lacked endorsement and that the petitioner should file a fresh representation stating his grievance. The Patna High Court, without examining the merits, disposed of the petition at the admission stage with the consent of both parties. The court directed the petitioner to submit a suitable representation within four weeks and ordered the District Magistrate to consider it, hold a hearing, and pass a reasoned order within eight weeks, either granting the claim and making payment or rejecting it with reasons. The writ petition was thereby disposed with these procedural directions.

Issues considered

  • What procedural direction can the court give to an administrative authority regarding the filing and disposal of a representation under a writ petition?
  • Whether the petitioner must file a fresh representation due to lack of endorsement in the original filing.

Subjects

  • writ petition
  • civil writ jurisdiction
  • representation
  • administrative order
  • reasoned order
  • time frame
  • hearing
  • district magistrate
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3393 of 2026
                 ======================================================
                 Ashok Sharma, Son of Arjun Mistry, Resident of village- Gaudhapar, P.O.-
                 Badhauna, P.S.- Chandi, District- Nalanda.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Divisional Commissioner, Patna Division, Patna, Bihar.
           3.    The Director, Department of Agriculture, Bihar, Patna.
           4.    The District Magistrate, Nalanda, Bihar.
           5.    The District Agriculture Officer, Nalanda, Bihar.
           6.    The Sub-Divisional Officer, Nalanda, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Vinay Mistry, Advocate.
                 For the Respondent/s   :      Mr. Government Advocate (11).
                                               Mr. Pratik Kumar, AC to GA 11.
                 ======================================================
                 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 has filed a representation dated

                   18.08.2025 (Annexure P/5) before the District Magistrate,

                   Nalanda and the authority may be directed to dispose of the

                   same by fixing a time frame.

                                 2. Learned counsel appearing on behalf of the

                   Respondent-State submits that the representation made by the

                   petitioner does not contain any endorsement and the petitioner

                   may be directed to give a fresh representation ventilating his

                   grievance and the authority shall pass a reasoned order strictly
Patna High Court CWJC No.3393 of 2026(2) dt.08-04-2026
                                            2/3




          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 directing the petitioner to give a suitable

          representation ventilating his grievance withing a period of 4

          weeks from today before the District Magistrate, Nalanda i.e.

          Respondent No. 4 herein. On such representation being given,

          the District Magistrate, Nalanda (Respondent No. 4) is directed

          to consider the representation and pass a reasoned order. In case

          the authority comes to the conclusion that the claim of the

          petitioner merits any consideration, the authority shall take

          necessary steps for making the payments for admitted dues. In

          case the authority comes to the conclusion that the claim of the

          petitioner does not merit any consideration, he shall pass a

          reasoned order giving the reasons for such rejection. It is

          needless to mention that before passing any order the petitioner

          shall be given an opportunity of hearing. The entire exercise

          shall be completed as expeditiously as possible preferably

          within a period of 8 weeks from the date of the receipt of the

          representation made by the petitioner. Any order passed shall be
           Patna High Court CWJC No.3393 of 2026(2) dt.08-04-2026
                                                       3/3




                     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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