Patna High Court
Md. Ajmera,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court granted the petitioner liberty to approach the appropriate authority for redress of his grievances.
Summary
The petitioner, Md. Ajmera, filed a civil writ petition in the Patna High Court seeking redress for grievances arising from alleged obstructions by private respondents (Nos. 6 and 7) in the construction over a disputed plot. The petitioner had not approached any administrative authority before filing the writ. The learned counsel for the petitioner requested that the court grant him liberty to represent his case before an appropriate authority. The court observed that while the petitioner had not exhausted administrative remedies, it could still be permitted to approach the relevant authority for relief. Accordingly, the writ application was disposed of, granting the petitioner liberty to file a representation before the appropriate authority, with a direction that the authority decide the matter within a reasonable time.
Issues considered
- Whether the petitioner is entitled to liberty to approach an appropriate authority despite not having approached any authority prior to filing the writ.
Subjects
- civil writ jurisdiction
- liberty to approach authority
- construction obstruction
- administrative remedy
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6247 of 2021
======================================================
Md. Ajmera, S/o Md. Wahid Alam, R/o Mohalla-Saudagarpatti, Kishanganj,
P.S.-Kishanganj, Dist.-Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The District Magistrate, Kishanganj.
3. The Superintendent of Police, Kishanganj.
4. The Sub-Divisional Officer, Kishanganj.
5. The Officer Incharge, Kishanganj.
6. Sanjay Kumar Jain, S/o Sri Trilokichand Jain, Resident of Mohalla-Kailtax,
NH-31, P.S. and District-Kishanganj.
7. Pawan Sharma, S/o Late Sitaram Sharma, Resident of Village-NH-31,
Tethariya, P.S. and Dist.-Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Adv.
For the Respondent/s : Mr. AC to SC-8
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 01-04-2026
Heard the learned counsel for the parties.
2. The learned counsel for the petitioner submits
that his grievances would be redressed if the present writ
application is disposed of with a liberty to the petitioner to
represent before an appropriate authority.
3. The learned SC-8 submits that from mere
perusal of the writ petition, it would be evident that the
petitioner had not moved before any of the authorities prior to
Patna High Court CWJC No.6247 of 2021 dt.01-04-2026
2/2
the filing of the present writ application. He, however, does
not oppose the fact that the petitioner may be granted liberty to
approach before an appropriate authority for redressal of his
grievances.
4. In view of the aforesaid submissions, the writ
application is disposed of with a liberty to the petitioner to
represent before an appropriate authority for redressal of his
grievances, especially with regard to obstructions being
created by the private respondent Nos. 6 and 7 in construction
over the plot in issue.
5. It is expected that the authority before whom the
representation is being filed shall consider the prayer of the
petitioner and dispose of the same within a reasonable period
of time.
6. With the aforesaid observation/direction, the
writ application stands disposed of.
7. Interlocutory application(s), if any, also stands
disposed of accordingly.
(Sourendra Pandey, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 02.04.2026
Transmission Date N/A
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