Patna High Court
Reena KumariversusThe State of Bihar through the Principal Secretary, Department of Food and Supply,
- Decided
- Disposal
- ALLOWED
- Bench
- A ABHISHEK REDDY
Holding
The court held that the interlocutory application seeking modification of the writ petition and substitution of the appropriate respondent is permissible, and the petitioner must appeal to the Divisional Commissioner within the stipulated time, with a hearing before any order.
Summary
The petitioner, Reena Kumari, filed a writ petition challenging actions of various officials of the Bihar Food and Supply Department. An interlocutory application (I.A. No. 01 of 2025) was filed seeking modification of the original order dated 22-10-2024, specifically to correct the cause title and substitute the appropriate respondent. The High Court allowed the application, directing that the cause title be amended and that the Divisional Commissioner, Tirhut Division, be substituted as Respondent No. 8. The court further directed the petitioner to file an appeal before the Divisional Commissioner within four weeks, with a mandatory hearing before any order is passed, and to complete the entire process within eight weeks of filing the appeal. The modified order was treated as part of the original order dated 22-10-2024, and the interlocutory application was allowed.
Issues considered
- Whether an interlocutory application for modification of a writ petition's cause title and substitution of respondent is maintainable.
- Whether the petitioner should be directed to approach the Divisional Commissioner for merits of the dispute.
- Whether a hearing must be afforded to the petitioner before any substantive order is passed.
Subjects
- writ jurisdiction
- interlocutory application
- modification of order
- cause title amendment
- substitution of respondent
- procedural law
- appeal
- hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.308 of 2025
In
Civil Writ Jurisdiction Case No.7154 of 2024
======================================================
Reena Kumari W/o- Ram Pravesh Ray, R/o Vill- Mahua Singh Ray East,
Ward No. P.S.- Mahua, Dist.- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Supply, Patna.
2. The District Magistrate cum Chairman District Selection Committee P.D.S
licence, District- Vaishali.
3. The Sub-Divisional Officer cum Licensing Authority, Muhua sub Division,
Vaishali.
4. The District Supply Officer, Vaishali at Hajipur.
5. The Assistant District Supply Officer, Vaishali at Hajipur.
6. The Block Supply Officer, Mahua, Vaishali at Hajipur.
7. Rekha Kumari W/o- Rajesh Kumar, R/o Vill- Mahua Singh Ray, P.S-
Mahua, Dist.- Vaishali.
8. The Divisional Commissioner, Tirhut Division at Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No.Ii, Adv.
For the Opposite Party/s : Mr. Standing Counsel 16
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 09-01-2026 An I.A. No. 01 of 2025 has already been filed in
C.W.J.C. No. 7154 of 2024 but by the leave of the Court M.J.C.
is filed in this case for modification of the order dated
22.10.2024.
C.W.J.C. No. 7154 of 2024
Re:- I.A. No. 01 of 2025
2. For the reasons stated in the Interlocutory Application,
Patna High Court MJC No.308 of 2025(2) dt.09-01-2026
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it is allowed.
3. Registry is directed to make the necessary changes in
the cause title of the writ petition.
4. Instead of District Magistrate-cum-Chairman, District
Selection Committee, it should be read as Divisional
Comissioner Tirhut Division, Muzaffarpur (newly added
Respondent No. 8).
5. The present writ petition is disposed of directing the
petitioner to approach the Divisional Comissioner Tirhut
Division, Muzaffarpur (newly added Respondent No. 8) by way
of appeal within a period of four weeks from today. On such
appeal being filed, the Divisional Comissioner Tirhut Division,
Muzaffarpur (newly added Respondent No. 8) shall consider the
same on merits and pass a reasoned orders in accordance with
law.
6. It is needless to mention that before passing any
order, the authorities concerned shall give an opportunity of
hearing to the petitioner. The entire exercise shall be completed
as expeditiously as possible preferably within a period of eight
weeks from the date of filing of the appeal by the petitioner.
Any order passed shall be communicated to the parties.
7. With the above directions, the writ petition stands
Patna High Court MJC No.308 of 2025(2) dt.09-01-2026
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modified and the order dated 22.10.2024 is also modified to the
extent indicated above.
8. With the above modification, M.J.C. is allowed.
9. Let this order be treated as part and parcel of order
dated 22.10.2024 passed in C.W.J.C. No. 7154 of 2024.
(A. Abhishek Reddy , J)
Gauravkr/-
U
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