Tarik Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Tarik Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No. 4 (Additional District Magistrate (Revenue), East Champaran at Motihari) to consider the petitioner's representation dated 28.11.2024 (Annexure-P/9) strictly in accordance with law and pass a reasoned order, as expeditiously as possible and preferably within six weeks, after giving the petitioner an opportunity of hearing and communicating the order passed to the petitioner.

Issue for consideration

Whether respondent No. 4 should be directed to consider and dispose of the petitioner's representation dated 28.11.2024 (Annexure-P/9) in accordance with law.

Court's answer

The writ petition is disposed of at the stage of admission, without going into the merits or demerits of the case, with the consent of both the parties.

Ratio / Principle

Respondent No. 4 (the Additional District Magistrate (Revenue), East Champaran at Motihari) is directed to consider the petitioner's representation dated 28.11.2024 (Annexure-P/9) strictly in accordance with law and pass a reasoned order.

Key takeaways

Respondent No. 4 shall endeavor to dispose of the said representation as expeditiously as possible, preferably within a period of six weeks from the date of the order.ratio¶21
Before passing any order on the representation, the petitioner shall be given an opportunity of hearing, and any order passed shall be communicated to the petitioner.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), by oral order dated 09-07-2025, disposed of Civil Writ Jurisdiction Case No.5498 of 2025 at the stage of admission, without entering into the merits or demerits of the case and with the consent of both parties. The sole relief sought was disposal of the petitioner's representation dated 28.11.2024 (Annexure-P/9) addressed to respondent No. 4, the Additional District Magistrate (Revenue), East Champaran at Motihari. The Court directed respondent No. 4 to consider the representation strictly in accordance with law and pass a reasoned order, endeavoring to do so as expeditiously as possible and preferably within six weeks. The Court further directed that the petitioner be given an opportunity of hearing before any order is passed and that any order passed be communicated to the petitioner. No statute or precedent was cited and no impugned order was under challenge.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5498 of 2025

======================================================

Tarik Son of Late Halim Resident of Ward No. 14 (Old) MohallaKhodanagar, P.S. -Motihari Town, District East Champaran.

... ... Petitioner/s

Versus

The State of Bihar Bihar

The Principal Secretary, Department of Land and Revenue, Government of Bihar, Patna.

The District Magistrate, East Champaran at Motihari

The Additional District Magistrate (Revenue), East Champaran at Motihari

The Sub Divisional Magistrate, Motihari Sadar, District-East Champaran.

The Circle Officer, Motihari, District-East Champaran.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Asif Kalim For the Respondent/s : Mr. Archana Meenakshee, Government Pleader (6) : Mr. Rohit Singh, AC to GP6 ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

2 09-07-2025

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 parties.

Having regard to the fact that the petitioner is only seeking disposal of the representation dated 28.11.2024 (Annexure-P/9) made to the respondent No. 4 herein, the present writ petition is disposed of directing the respondent No. 4 to consider the said representation strictly in accordance with law and pass a reasoned order. The respondent No. 4 shall endeavor to dispose of the said representation as expeditiously

Patna High Court CWJC No.5498 of 2025(2) dt.09-07-2025 2/2

as possible preferably within a period of six weeks from today.

It is needless to mention that before passing any

orders, the petitioner shall be given an opportunity of hearing. Any orders passed shall be communicated to the petitioner. Any order passed shall be communicated to the petitioner.

With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J)

Ayush/-

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