Patna High Court
Md ShahabuddinversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is dismissed, directing the petitioner to pursue the alternative appeal within four weeks.
Summary
The petitioner, Md Shahabuddin, challenged the order of the District Level Selection Committee dated 29 September 2018 appointing Md Abdur Rahim to a post, filing a civil writ petition before the Patna High Court. The Court observed that the petitioner has an alternative and efficacious remedy – an appeal before the Divisional Commissioner – and therefore the writ petition could not be entertained as a substitute. The Court directed the petitioner to file the appeal within four weeks and instructed the authority to give notice to all parties, afford a hearing, and decide the matter on its merits within twelve weeks of receipt of the appeal. It further clarified that any objections by the private respondent (Md Abdur Rahim) would be considered by the authority in the appeal. Consequently, the writ petition was disposed of, with liberty granted to pursue the statutory appeal.
Issues considered
- Whether a civil writ petition is maintainable when the petitioner has an alternative statutory remedy of appeal before the Divisional Commissioner.
- Whether the authority must give notice and hearing before passing any order affecting the petitioner and private respondent.
Subjects
- civil writ petition
- alternative remedy
- appeal before Divisional Commissioner
- notice and hearing
- administrative order
- selection committee
- expeditious disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7133 of 2025
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Md Shahabuddin, Son of Md Amiruddin, Resident of Village - Naya Tola,
Begumpur, P.S. - K.Nagar, District- Purnea, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Food and Consumer Protection
Department, Bihar, Patna.
2. The Divisional Commissioner, Purnea.
3. The Collector-cum-Chairman, District Level Selection Committee, Purnea.
4. The Collector-cum-District Magistrate, Purnea.
5. The Sub-Divisional Officer-cum-Licensing Authority, Sadar Purnea,
District- Purnea.
6. The Block Supply Officer, K.Nagar, Purnea.
7. Md Abdur Rahim, S/o- Md Saidur Rahman, Resident of Village- Begampur,
Naya Tola, P.O. - Rikabganj, P.S.- K. Nagar, District- Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Adv.
Mr. Kumar Rajdeep, Adv.
For the Respondent/s : Mr.Government Advocate (08)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
8 13-03-2026 Having regard to the fact that the petitioner is having
an alternative and efficacious remedy of filing an appeal before
the Divisional Commissioner against the order of the District
Level Selection Committee dated 29.09.2018, the present writ
petition is disposed of granting liberty to the petitioner to
approach the authority concern by way of appeal within a period
of four weeks from today. On such appeal being filed, the
authority shall consider the same on its own merits duly putting
all the parties on notice and pass a reasoned order.
Patna High Court CWJC No.7133 of 2025(8) dt.13-03-2026
2/2
2. It is needless to observe that before passing any
order the petitioner as well as the private respondent shall be put
on notice and given an opportunity of hearing. Any order passed
shall be communicated to the parties.
3. The authority shall endeavor to pass necessary
orders as expeditiously as possible preferably within a period of
12 weeks from the date of receipt of the copy of the appeal by
the petitioner.
4. It is made clear that the selection of the Respondent
No. 7 is subject to the result of the appeal that the petitioner
likely to file. Any objections are filed by the Respondent No. 7,
the same shall be considered on its own merits by the authority.
5. With the above direction, the present writ petition
stands disposed of.
Bhardwaj/- (A. Abhishek Reddy , J)
U
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