Hardev Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8126 of 2025 ====================================================== Hardev Ram Son of Late Sadhan Ram, Resident of Village-Talwa, P.S.- Kotwa, District-East Champaran, Motihari.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

3.

The District Magistrate, East Champaran, Motihari. 4.

The Block Development Officer, Mehsi, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr. Rakesh Ranjan, A.C. to G.P.-22.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondent-State.

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

3. The petitioner has prayed for grant of following relief :- "1. (i) For issuance of writ in the nature of certiorari for quashing letter bearing Memo No.19 dated 07.01.2025 issued under signature of the District Magistrate, East Champaran, Motihari by which held that total worth Rs. 14,66,690.95 (Abhishrav worth of Rs.4,62, 121/-, advice money Rs. 2.52.000/ and cash Rs. 7,52,509.95) is due against the petitioner as he has not handed over charges and has directed to the B.D.O. for recovered of Rs. 14,66,690.95 from the petitioner thereafter issued No dues certificate for retiral benefit to

2/4 the petitioner, the aforesaid letter issued without considering Abhishrav, which has approved by the than Officer.

(ii) For further quashing the letter bearing Memo No. 18 dated 09.01.20255 issued under signature of the Respondent Block Development Officer, Mehsi, East Champaran, Motihari, in compliance of the letter memo No. 19 dated 07.01.2025 by which directed to the petitioner to deposit worth of Rs. 14,66,690.95 before the Block Nazir, thereafter No Due Certificate shall be issued.

(iii) For further issue direction to respondents for considering the application dated 11.02.2025 and 31.12.2024 filed before respondents.

(iv) For further issue direction to respondents issued No Due certificate to the petitioner, due to nonissuance of the No Due certificate, petitioner is suffer from the retiral benefit and others.

(v) For further give other legal consequential benefits to attach to the post

4. After advancing some argument, learned counsel for the petitioner submits that for the aforesaid relief claimed in the present writ application, the petitioner has already filed a representation before the District Magistrate, East Champaran, Motihari on 11.02.2025 (Annexure-P/5) but till date the same has not been disposed of by the District Magistrate, East Champaran, Motihari. He accordingly prays that the petitioner would be satisfied if an appropriate direction could be issued by this Court for disposing of the pending representation of the petitioner after giving an opportunity of hearing to the petitioner within a fixed time frame.

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5. To the aforesaid submissions made by learned counsel for the petitioner, learned counsel appearing on behalf of the respondent-State do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application stands disposed of directing the District Magistrate, East Champaran, Motihari to dispose of the pending representation of the petitioner dated 11.02.2025 (Annexure-P/5) within a period of six months from the date of receipt / production of a copy of this order after giving an opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which shall be passed by the District Magistrate, East Champaran, Motihari, should be reasoned and speaking order.

8. It is further made clear that if District Magistrate, East Champaran, Motihari finds that the petitioner is entitled the relief as the petitioner has claimed through representation dated 11.02.2025, then the same should be extended to the petitioner within a further period of three months from the date of passing of the final order.

9. With the aforesaid observation/direction and liberty granted, the present writ application stands disposed of.

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10. All pending I.A.s, if any, is deemed to have been disposed of.

(Alok Kumar Sinha, J) sanjeev/- U