Sulochana Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1773 of 2015 =========================================================== Sulochana Devi wife of Shyam Lal Sah, Resident of village- Karampur, P.S. Jagdishpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. District Magistrate, Bhagalpur.

3. District Programme Officer, Bhagalpur.

4. C.D.P.O. Jagdishpur, District- Bhagalpur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : M/s Mritunjay Pd Singh & Rajesh Kr Singh, Advocates For the Respondent/s : Ms Namrata Mishra, Advocate =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 14-05-2018 Heard learned counsel for the petitioner. None appears on behalf of the State.

2 Learned counsel for the petitioner confines his submission to the fact that Miscellaneous Appeal No 92 of 2013-2014 filed before the Divisional Commissioner, Bhagalpur, by order dated 03.10.2015, has been disposed of without assigning any reason in one line which is as follows:

"Heard. Case disposed."

3 From bare perusal of the order, it is obvious that the same lacks any consideration whatsoever inasmuch as the same has been issued without assigning ay reason. The specific pleading to that

Patna High Court CWJC No.1773 of 2015 dt.14-05-2018 2/2 effect made in the petition has not been denied by the respondentState in the counter affidavit which has been filed. 4 Considering the admitted position, this Court considers it appropriate that the Divisional Commissioner, Bhagalpur may consider Miscellaneous Appeal No 92 of 2013-2014 and pass a reasoned and speaking order on the same. Such order is required to be passed expeditiously after giving due opportunity of hearing to the parties concerned in accordance with law.

5 The writ petition is allowed and the order dated 03.10.2013 passed by the Divisional Commissioner, Bhagalpur is hereby quashed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.05.2018 Transmission Date NA