Patna High Court
Rakesh Kumar DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is disposed of, directing the District Magistrate, Bhagalpur, to dispose of the pending appeal within eight weeks.
Summary
The petitioner, Rakesh Kumar Das, filed a writ petition before the Patna High Court alleging that his Supply Appeal No. 190 of 2017‑18, filed before the District Magistrate, Bhagalpur, remained pending for several years. The petition sought direction for the appeal’s disposal. The Court, without examining the merits, disposed of the writ petition by directing the District Magistrate to dispose of the pending appeal within eight weeks of receiving the order, ensuring the petitioner is given a hearing before any order. The Court also mandated that any order be communicated to the petitioner promptly. Consequently, the writ petition was disposed of with the said directions.
Issues considered
- Whether the delay in disposing the Supply Appeal No. 190 of 2017‑18 warrants judicial intervention through a writ petition?
- Whether the High Court can direct the District Magistrate to dispose of the pending appeal within a specified time?
Subjects
- writ petition
- delay in administrative action
- expeditious disposal
- district magistrate
- supply appeal
- hearing
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.816 of 2026
======================================================
Rakesh Kumar Das, Son of Ayodhya Das, Resident of Village Dhoraha, P.S.-
Goradih, Petitioner District - Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Old Secretariat, Patna.
2. The District Magistrate/Collector, Bhagalpur, District- Bhagalpur.
3. The Licensing Authority-cum-Sub-Divisional Officer, Sadar Bhagalpur,
District - Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Labh, Advocate.
For the Respondent/s : Mr.Standing Counsel 10.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 26-02-2026 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.
2. Having regard to the fact that the appeal bearing
No. Supply Appeal No. 190 of 2017-18 filed by the petitioner is
pending before the District Magistrate, Bhagalpur and it is the
grievance of the petitioner that though the appeal was filed way
back in the year, 2017, the same has not been disposed of till
date.
3. In view of the above, the present writ petition is
disposed of directing the District Magistrate, Bhagalpur i.e.
Patna High Court CWJC No.816 of 2026(2) dt.26-02-2026
2/2
Respondent No. 2 herein to dispose of the appeal bearing
Supply Appeal No. 190 of 2017-18 as expeditiously as possible
preferably within a period of 8 weeks from the date of the
receipt of the copy of this order.
4. It is needless to mention that before passing any
order the petitioner shall be given an opportunity of hearing.
Any order passed shall be communicated to the party. In case,
the appeal has already been disposed of, the copy of the order
shall be communicated to the petitioner at the earliest.
5. With the above directions, the present Writ Petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
Checking your session…