Ajeet Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Ajeet Paswan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as withdrawn with liberty to the petitioner to approach the Divisional Commissioner for challenging the selection of Respondent No. 8; the Divisional Commissioner directed to consider any complaint filed against that selection and pass necessary orders strictly in accordance with law, after putting the petitioner and Respondent No. 8 on notice and giving them an opportunity of hearing, completing the exercise preferably within 12 weeks of receipt of a copy of the order, and communicating any order passed to the party.

Issue for consideration

Whether the petitioner could withdraw the writ petition with liberty to challenge, before the Divisional Commissioner, the selection of Respondent No. 8 (Shivkant Choupal).

Court's answer

Permission was granted to the petitioner to withdraw the writ petition, and the petition was disposed of as withdrawn, with liberty to approach the Divisional Commissioner for challenging the selection of Respondent No. 8.

Ratio / Principle

If any complaint is filed against the selection of Respondent No. 8 before the Divisional Commissioner, the authority shall consider the same and pass necessary orders strictly in accordance with law.

Key takeaways

Before passing any order, the petitioner as well as Respondent No. 8 shall be put on notice and given an opportunity of hearing.ratio¶28
The entire exercise before the Divisional Commissioner shall be completed as expeditiously as possible, preferably within 12 weeks from the date of receipt of a copy of the order, and any order passed shall be communicated to the party.ratio¶28

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.), Civil Writ Jurisdiction Case No.16365 of 2025, order dated 10-07-2026: Ajeet Paswan's writ petition, directed against the selection of Respondent No. 8 (Shivkant Choupal), was permitted to be withdrawn so that the petitioner could pursue his grievance before the Divisional Commissioner, Darbhanga. The petition was disposed of as withdrawn with that liberty. The Court further directed that if a complaint against the selection of Respondent No. 8 is filed before the Divisional Commissioner, the authority shall consider it and pass necessary orders strictly in accordance with law; before passing any order the petitioner and Respondent No. 8 shall be put on notice and given an opportunity of hearing; the entire exercise shall be completed as expeditiously as possible, preferably within 12 weeks from receipt of a copy of the order; and any order passed shall be communicated to the party. No statute or precedent was cited; the matter was not adjudicated on merits.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16365 of 2025

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

Ajeet Paswan, Son of Gyani Paswan, Resident of Village- Mekna Baida, P.SSonki, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.

The Commissioner, Division- Darbhanga, District- Darbhanga.

The District Magistrate cum Chairman of the district level Selection Committee, Darbhanga.

The District Supply Officer, Darbhanga.

The Sub-Divisional Officer, Sadar, Darbhanga.

The Block Supply Officer, Bahadurpur, Darbhanga.

Kishun Choupal, S/o Ram Sagar Choupal, Resident of Village- Kapchhahi Ward No.- 08, P.S- Sonki, District- Darbhanga.

Shivkant Choupal, S/o Ram Sagar Choupal, Resident of Village- Kapchhahi Ward No.- 08, P.S- Sonki, District- Darbhanga.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Kumar Gaurav, Adv. For the Respondent/s : Mr.Government Pleader 22 ======================================================

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

3 10-07-2026

Learned counsel appearing on behalf of the petitioner

submits that the petitioner may be permitted to withdraw the present writ petition with a liberty to approach the Divisional Commissioner for challenging the selection of Respondent No. 8.

Permission is granted.

Accordingly, the present writ petition is disposed of

as withdrawn with the above liberty. In case any complaint is

Patna High Court CWJC No.16365 of 2025(3) dt.10-07-2026 2/2

filed against the selection of the Respondent No. 8 before the Divisional Commissioner, the authority shall consider the same and pass necessary orders strictly in accordance with law. It is needless to mention that before passing any order the petitioner as well as the Respondent No. 8 shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed as expeditiously as possibly preferably within a period of 12 weeks from the date of receipt of a copy of this order. Any order passed shall be communicated to the party.

(A. Abhishek Reddy , J)

Bhardwaj/-

U