Abhishek Kumar Jain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11667 of 2025 ====================================================== 1.

Abhishek Kumar Jain S/o Ganesh Jain, R/o Soukhi Sah Lane, A.C Road, Bhagalpur, Bihar- 812002.

2.

Abhishek Kumar Dalmia, S/o Sri Krishna Kumar Dalmia, Dalmia Securities, Janaki Nagar Colony, Dr. R.P Road, Bhagalpur, Bihar- 812002. 3.

Padam Kumar Jain, S/o Late Badri Prasad Jain, R/o Ankur Apartment, Bansi Kunj, Rajendra Prasad Road, Bhagalpur - 812002. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Dept. of Co-operative, Patna, Bihar.

2.

The Eastern Bihar Chamber of Commerce and Industries, through its President, Dhandaniya Smriti Bhawan, Anand Chikitsalaya Road, Bhagalpur, Bihar.

3.

The District Magistrate, Bhagalpur.

4.

Shiv Kumar Jiloka, S/o unknown, R/o Triveni Apartment (Life Line Hospital), Khalifhabagh Chowk, Bhagalpur- 812002. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ritik Shah, Advocate For the Respondent/s :

Mr. Uday Bhan Singh, AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioners and learned counsel appearing for the State.

2. During the course of argument being advanced by learned counsel for the petitioners, the issue relating to maintainability of the present writ application had come up for consideration as to whether this writ would be maintainable against Eastern Bihar Chamber of Commerce under Article 226

Patna High Court CWJC No.11667 of 2025(4) dt.04-08-2025 2/3 of the Constitution of India.

3. However, after some argument, learned counsel for the petitioners confines his prayer only to seeking mandamus for directing the District Magistrate, Bhagalpur to dispose of the representation filed by the petitioners dated 31.03.2025 (Annexure-P/11) within a fixed period of time.

4. Considering the limited nature of prayer being advanced by learned counsel for the petitioners, the issue relating to maintainability of the present writ application is not being decided and is kept open for consideration in an appropriate case.

5. The limited nature of prayer being made by learned counsel of the petitioners is not opposed by the respondents-State.

6. The present writ application is disposed of with a direction to the District Magistrate, Bhagalpur (respondent no.3) to dispose of the pending representation of the petitioners dated 31.03.2025 (Annexure-P/11) after giving an opportunity of hearing to the petitioners by passing a reasoned and speaking order. The entire exercise must be concluded within a period of three months from the date of production of a copy of this order by the petitioners.

Patna High Court CWJC No.11667 of 2025(4) dt.04-08-2025 3/3

7. With the aforesaid observation and direction the present writ application stands disposed of. All pending I.As, if any shall be deemed to have been disposed of. (Alok Kumar Sinha, J) Prakash Narayan U