Patna High Court

Sunita Kumari @ Sunita DeviversusSri Vinay Kumar, I.A.S., Principle Secretary, Food and Consumer Protection Department

Decided: 13 February 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The petition stands disposed after granting the petitioner liberty to challenge the order.

Summary

Sunita Kumari filed a writ petition challenging the order dated 28‑06‑2023 passed by the Sub‑Divisional Magistrate, Rosera, which rejected her claim. The petition sought liberty to contest that order, which was issued in compliance with a prior High Court order dated 04‑09‑2021 in CWJC No.9687 of 2021. The learned counsel for the opposite parties confirmed the existence of the magistrate’s order. The court granted the petitioner liberty to challenge the said order and subsequently disposed of the petition. No substantive merits of the claim were addressed; the petition was simply closed after granting the requested liberty.

Issues considered

Whether the petitioner is entitled to liberty to challenge the Sub‑Divisional Magistrate’s order dated 28‑06‑2023.

Subjects

writ jurisdiction
liberty to challenge
sub‑divisional magistrate order
petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3659 of 2023
                                                     In
                               Civil Writ Jurisdiction Case No.9687 of 2021
                 ======================================================
                 Sunita Kumari @ Sunita Devi Wife of Shri Ajit Kumar, resident of Ward No.
                 -11, Village-Kokani, PO and PS-Hasanpur Road Sugar Mills, District-
                 Samastipur (Bihar)-848205.

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    Sri Vinay Kumar, I.A.S., Principle Secretary, Food and Consumer Protection
                 Department Government of Bihar, Patna.
           2.    Dr. B. Rajender, I.A.S., Principal Secretary, General Administration
                 Department, Government of Bihar, Patna.
           3.    Dr. Manish Kumar, IAS, Divisional Commissioner, Darbhanga.
           4.    Shri Yogenra Singh, I.A.S., District Collector cum District Magistrate,
                 Samastipur.
           5.    Mahmood Alam, District Supply Officer, Samastipur.
           6.    Md. Mustakim, Sub Divisional Officer cum Licensing Authority, Rosera,
                 District-Samastipur.
           7.    Rani Kumari, Wife of Raj Narayan Prasad, Resident of Village-Kokani, Post
                 Office and Police Station-Hasanpur Road Sugar Mills, District-Samastipur-
                 848205.
           8.    Dr. R. Vijayaragavan, M.Sc., PH.D., Registrar I/C Thiruvalluvar University,
                 Serkkadu, Vellore (Tamilnadu)-632115.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Amarjeet Choudhary, Advocate
                 For the Opposite Party/s :   Mr.Government Pleader 4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   13-02-2026                  The learned counsel for the opposite parties submits

                   that in compliance of the order of this Court dated 04.09.2021,

                   passed by this Court in CWJC No.9687 of 2021, the Sub-

                   divisional Magistrate, Rosera has passed a reasoned order dated

                   28.06.2023, rejecting the claim of the petitioner.
            Patna High Court MJC No.3659 of 2023(3) dt.13-02-2026
                                                        2/2




                                   2.   In view of the aforesaid, the learned counsel for

                      the petitioner seeks liberty on behalf of the petitioner to

                      challenge the aforesaid order dated 28.06.2023. Liberty so

                      sought is granted.

                                   3. The petition stands disposed off.



                                              (Mohit Kumar Shah, J)
kanchan/-

U

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