Patna High Court
Ashok SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
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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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