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Patna High Court

Sanjay RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Magistrate to consider the petitioner’s representation and pass a reasoned order within two months, thereby disposing of the writ petition.

Summary

Petitioner Sanjay Ray filed a writ petition seeking a direction to the District Magistrate, Vaishali, to dispose of a representation he had filed which had remained pending for five years. The State, Deputy Collector, Land Acquisition Officer, the Ministry of Railways and Ramanand Ray were impleaded as respondents. The petitioner argued that disposal of the representation would redress his grievances, while the respondents indicated that an award had already been made in favor of respondent no.5 and that related suit and injunction proceedings had been dismissed. The Court observed that the representation had indeed been pending for an extended period and therefore directed the District Magistrate to consider the petitioner’s grievances, any further documents, and to pass a reasoned order within two months after receiving a copy of the Court’s order. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the Court can direct the District Magistrate to dispose of a pending representation filed by the petitioner

Subjects

  • writ jurisdiction
  • representation pending
  • district magistrate
  • land acquisition
  • court order
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7356 of 2022
                 ======================================================
                 Sanjay Ray son of Late Gorak Ray, resident of Village- Arara, P.O.- Dharhara,
                 P.S.- Hajipur, District- Vaishali.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through District Magistrate, Vaishali.
           2.    The Deputy Collector Land Reform, Vaishali at Hajipur.
           3.    The Land Acquisition Officer, Vaishali at Hajipur.
           4.    The Ministry of Railway through Divisional Railway Manager, East Central
                 Railway, Hajipur.
           5.    Ramanand Ray @ Ramanandan Mandal son of Late Ram Balak Ray,
                 resident of Village- Arara, P.O.- Dharhara, P.S.- Hajipur, District- Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Ms. Rupa Kumari, Advocate
                 For the State           :       Mr. AC to AAG-12
                 For the respondent no.5 :       Mr. Dhananjay Kumar Singh, Advocate
                                                 Mr. Samrendra Kumar Jha, Advocate
                 For the Railways         :      Mr. Anshay Bahadur Mathur, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   10-04-2026                      Heard the learned counsel for the petitioner, learned

                   AC to AAG-12 for the State, learned counsel for the respondent

                   no. 5 and learned CGC for the Railways.

                               2. Learned counsel for the petitioner submits that the

                   grievances of the petitioner shall be redressed, if the present writ

                   application is disposed of with a direction to respondent no.1,

                   District Magistrate, Vaishali, to dispose of the representation

                   filed by the petitioner.

                               3. Learned counsel for the respondents have no

                   objection to the same, however, it has been informed by the
           Patna High Court CWJC No.7356 of 2022(3) dt.10-04-2026
                                                       2/2




                     learned AC to AAG-12 that the award during the pendency of

                     the writ application had already been made in favor of the

                     respondent no. 5 and moreover, the petitioner has also filed a

                     suit with respect to the same land and injunction petition filed

                     therein was also dismissed.

                                 4. After hearing the learned counsel for the parties,

                     this court finds that the representation contained in Annexure 2

                     was kept pending for the last five years and therefore, the

                     District Magistrate, Vaishali is directed to consider the

                     grievances of the petitioner as per the representation and any

                     other further document which is brought to his knowledge along

                     with the copy of the present order, who shall pass a reasoned

                     order, after giving ample opportunity to the parties concerned,

                     within two months from the date of receipt/production of the

                     copy of this order.

                                 5. Accordingly, the writ petition stands disposed of.



                                             (Sourendra Pandey, J)
aditya/-

U


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