Writ petition filed against Divisional Commissioner's order that had remanded an appeal to the Collector. Petitioner sought disposal directing the Collector to take up the remanded appeal. Court directed the Collector to dispose of the remanded appeal within twelve weeks with notice and hearing to the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5480 of 2025
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Vinod Kumar @ Binod Kumar S/o Vinda Saw, Resident of Village- Purani Panapur, Ward No. 14, P.S. - Akilpur, District - Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv. For the Respondent/s : Mr. Standing Counsel (23) ======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
4 23-09-2025
Learned counsel for the petitioner submits that inadvertently due to oversight, the present writ petition has been filed against the orders of the Divisional Commissioner dated 11.12.2024 but as a matter of fact the Divisional Commissioner while setting aside the order of the Collector dated 12.11.2022 has remanded the matter back for fresh consideration to the Collector. Learned counsel submits that the present writ petition may be disposed of directing the Collector to take up the appeal which has been remanded back by the Divisional Commissioner vide order dated 11.12.2024 by fixing a time frame.
Patna High Court CWJC No.5480 of 2025(4) dt.23-09-2025 2/2
is disposed of directing the Collector i.e. Respondent No. 3 to dispose of the appeal which has been remanded back by the Divisional Commissioner vide order dated 11.12.2024 as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of the copy of this order. It is needless to mention that before passing any order, the Collector shall put the petitioner on notice and grant him an opportunity of hearing. Any order passed shall be communicated to the party.
(A. Abhishek Reddy , J)
Gauravkr/-
U
1 issue framed by the court
Whether the Collector could be directed to dispose of the appeal remanded by the Divisional Commissioner within a time frame.
Vinod Kumar @ Binod Kumar S/o Vinda Saw
The State of Bihar through the Secretary, Food and Consumer Protection Department, Bihar, Patna
The Commissioner, Patna Division, Patna
The District Magistrate-cum-Collector, Patna
The Sub-Divisional Officer-cum-Licensing Authority, Danapur, District Patna
The Block Supply Officer, Danapur, Dist. Patna
A. Abhishek Reddy
As recorded by the court registry
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