Patna High Court
Sanjay RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
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/-
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