Raj Karan Prasad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Raj Karan Prasad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of at the threshold with the consent of all parties; liberty granted to the petitioner to file a detailed representation before the District Magistrate-cum-Collector, Patna (Respondent No. 5) within one month from today; if filed, Respondent No. 5 directed to hear and dispose of it on merit within a further period of two months, after giving an opportunity of hearing, by a reasoned and speaking order; pending Interlocutory Applications, if any, stand disposed of.

Issue for consideration

Whether, on the petitioner's limited prayer, the writ application should be disposed of by granting liberty to file a detailed representation before the District Magistrate-cum-Collector, Patna (Respondent No. 5), with a direction that such representation be disposed of on merit within a further period of two months after hearing, by a reasoned and speaking order.

Court's answer

Liberty is granted to the petitioner to file a detailed representation before the District Magistrate-cum-Collector, Patna (Respondent No. 5) within one month from today.

Ratio / Principle

With the consent of all the parties, the writ application is disposed of at the present stage itself.

Key takeaways

If such a representation is filed, it shall be heard and disposed of on merit within a further period of two months after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order.ratio¶29
All pending Interlocutory Applications, if any, shall stand disposed of.ratio¶34

Detailed headnote1 paragraphs

CWJC No. 12055 of 2025 (Patna High Court, oral order dated 28-07-2025, Alok Kumar Sinha, J.) - Raj Karan Prasad v. The State of Bihar (through the Chief Secretary) and eight other respondents. Heard with consent of all parties, the writ application was disposed of at the present stage itself. Liberty was granted to the petitioner to file a detailed representation before the District Magistrate-cum-Collector, Patna (Respondent No. 5) within one month from the date of the order; if such representation is filed, the District Magistrate-cum-Collector is to hear and dispose of it on merit within a further period of two months after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order. All pending Interlocutory Applications, if any, were directed to stand disposed of. The respondents raised no objection to this course. The order cites no statute and no precedent; no merits adjudication was undertaken.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12055 of 2025

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Raj Karan Prasad Son of Raj Kumar Singh, Resident of Village- Sarthua, Pasi Tola, P.S- Shahjahanpur, District- Patna (Bihar).

... ... Petitioner

Versus

The State of Bihar through The Chief Secretary, Govt. of Bihar, Patna.

Principal Secretary, Welfare Department, Govt. of Bihar, Patna.

Principal Secretary, Education Department, Govt. of Bihar, Patna.

Commissioner, Patna Municipal Corporation, Patna.

District Magistrate-cum-Collector, Patna.

S.D.O, Danapur, District Patna.

Executive Officer, Danapur, Municipal Corporation, Patna.

Station House Officer, Danapur Danapur Police Station, Patna.

Headmaster, High School, Kashimchak, within Block and P.S- Danapur, District- Patna.

... ... Respondents

====================================================== Appearance : For the Petitioner : Mr. Ritesh Kumar, Advocate For the State : Mr. Addl. Advocate General (05) : Md. Kamil Akhtar, AC to AAG-5 For the PMC : Mr. Prasoon Singh, Sr. Advocate : Mr. Prabhat Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 28-07-2025

Heard learned counsel for the petitioner, learned

counsel for the Respondent-State and learned Senior Counsel for the Patna Municipal Corporation.

With the consent of all the parties, this writ application is being disposed of at the present stage itself.

Learned counsel for the petitioner submits that

for seeking the reliefs as claimed for in the present writ

Patna High Court CWJC No.12055 of 2025(2) dt.28-07-2025 2/3

application, the petitioner is ready to file a detailed representation before the District Magistrate-cum-Collector, Patna (Respondent No. 5) within one month from today and he further prays if such a representation is filed by the petitioner, an appropriate direction be issued to the District Magistrate-cum-Collector, Patna (Respondent No. 5) to dispose of the same within a further period of two months on merit after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order.

To this prayer being made by the learned counsel for the petitioner, the learned counsels for the Respondents do not have any objection.

Considering the limited nature of prayer being

made by the learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the District Magistrate-cum-Collector, Patna (Respondent No. 5) within one month from today. If such a representation is filed by the petitioner, the same shall be heard and disposed of on merit within further period of two months after giving an opportunity of hearing to the petitioner, by passing a

Patna High Court CWJC No.12055 of 2025(2) dt.28-07-2025 3/3

reasoned and speaking order.

With the aforesaid observation and direction,

this writ application is disposed of. All pending

Interlocutory Applications, if any shall stand disposed of.

(Alok Kumar Sinha, J)

Gaurav Sinha/-

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