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

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

What the court decided

AI extract

Outcome

Direction to the District Magistrate, Patna to dispose of the petitioner's representation dated 02.04.2025 (Annexure-P/2) on merit after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order, within three months from the date of production of a copy of the order; all pending Interlocutory Applications disposed of.

Issue for consideration

Whether the Court should direct the District Magistrate, Patna to dispose of the petitioner's pending representation dated 02.04.2025 (Annexure-P/2) on merit after hearing the petitioner within a fixed time frame.

Court's answer

The District Magistrate, Patna was directed to dispose of the petitioner's representation dated 02.04.2025 (Annexure-P/2) on merit, after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order (order para 5).

Ratio / Principle

With the consent of the parties, the writ application was disposed of at the threshold itself, without adjudicating the merits (order para 2).

Key takeaways

The entire exercise of disposing of the representation must be completed within three months from the date of production of a copy of the order by the petitioner (order para 6).ratio¶¶28
All pending Interlocutory Applications, if any, stand disposed of (order para 8).ratio¶¶30

Detailed headnote1 paragraphs

Arun Kumar v. The State of Bihar (High Court of Judicature at Patna, Civil Writ Jurisdiction Case No.7635 of 2025, decided 08-07-2025; Alok Kumar Sinha, J): With the consent of the parties and no objection from counsel for the respondents-State, the writ petition was disposed of at the threshold. The Court directed the District Magistrate, Patna to dispose of the petitioner's pending representation dated 02.04.2025 (Annexure-P/2) on merit, after giving the petitioner an opportunity of hearing, by passing a reasoned and speaking order; the entire exercise was to be completed within three months from production of a copy of the order. Pending Interlocutory Applications stood disposed of. The merits were not adjudicated and no question of law was decided.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7635 of 2025

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

Arun Kumar S/O Raghunath Pandit R/O Majhala Bigha, P.S. Pandarak, District Patna, Bihar

... ... Petitioner/s

Versus

The State of Bihar, Through the Principal Secretary, Panchayat Raj Department, Government of Bihar, Patna,

The District Magistrate, Patna Patna

The D.D.C., Patna, Bihar,

The Sub-Divisional Officer, Barh, Patna

The Block Development Officer, Pandarak, Patna

The Circle Officer, Pandarak, Patna

The Executive Engineer, Local Area Engineering Organisation, Work Division-1, Patna

The Mukhiya, Bihari Bigha Panchayat, Pandarak, Patna

... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr. Prem Chand Yadav, Advocate For the Respondent/s : Mr. Ramadhar Singh, GP-25 ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 08-07-2025

Heard learned counsel for the petitioner and learned

counsel appearing for respondents-State.

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

Learned counsel for the petitioner submits that for the relief as claimed for in the present writ application, the petitioner has already filed a representation before the District Magistrate, Patna dated 02.04.2025 (Annexure-P/2) and the same is still pending. The learned counsel for the petitioner submits that he would be satisfied if an appropriate direction

Patna High Court CWJC No.7635 of 2025(2) dt.08-07-2025 2/2

could be issued to the District Magistrate, Patna to dispose of the representation of the petitioner on merit after hearing the petitioner within a fixed time frame.

To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondents-State has no objection.

Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of directing the District Magistrate, Patna to dispose of the representation filed by the petitioner dated 02.04.2025 (Annexure-P/2) on merit, after giving an opportunity of hearing to the petitioner by passing a reasoned and speaking order.

The entire exercise must be completed within three months from the date of production of a copy of this order by the petitioner.

With the aforesaid observation and direction, the present writ application is disposed of.

All pending Interlocutory Applications, if any, stand disposed of.

(Alok Kumar Sinha, J)

Prakash Narayan U