Dhananjay Kumar Suri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1173 of 2024 In Civil Writ Jurisdiction Case No.4592 of 2021 ====================================================== Dhananjay Kumar Suri S/o Ramjatan Prasad, R/o Ward No.-32, Khagra, P.S. and District-Kishanganj.

... ... Appellant/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Revenue and Land Reforms, Patna.

2.

The District Magistrate, Kishanganj, District-Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mrityunjay Kumar, Advocate For the State :

Mr. Arun Kumar Bhagat, Adv For the Respondent/s :

Mr. Addl. Advocate General (12) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 15-09-2025 The appellant has assailed the impugned order dated 23.09.2024 passed in CWJC No. 4592 of 2021. In the writ petition, the petitioner has prayed for the following reliefs: "(i) For issuance of a writ in the nature of certiorari quashing letter issued under the signature of the Collector Kishanganj herein Respondent No.-2 vide memo no 1061 dated 26.12.2020 whereby and whereunder the said Respondent has directed the petitioner to deposit due amount of Rs. 26, 35, 200/- in lieu of sairat settlement done in favour of the petitioner for Khagra Revenue Haat & Gudri under jurisdiction of Kishanganj circle office. The said demand of respondent is against the principle of natural justice whereby Respondents are aware that petitioner's business has been non-operational due

Patna High Court L.P.A No.1173 of 2024(8) dt.15-09-2025 2/3 to covid-19 and consequential nationwide lockdown.

(ii) For issuance of a writ in the nature of Prohibition restraining the Respondents from invoking settlement of Khagra Revenue Haat & Gudri done with the petitioner.

(iii) For issuance of appropriate direction/directions to the Respondents to reconsider the bid amount in light of the fact that petitioner has incurred huge loss due to lockdown and to consider the representation dated 08.08.2020 and 12.09.2020 given by the petitioner. (iv) For any other relief/reliefs for which the petitioner is entitled for."

What has been challenged is only the show cause notice asking the petitioner to submit his explanation, in fact, the impugned notice dated 26.12.2020 is the second show cause notice. Without submitting reply to the second show cause notice he has rushed to this Court in filing CWJC. On the other hand, writ petition itself is pre-mature.

2. Be that as it may, during pendency of the writ petition, the respondents have filed counter affidavit in which they have furnished final order dated 13.09.2024 and the same has not been challenged by means of interlocutory application before the learned Single Judge, on the other hand, appellant has slept over the matter.

3. Taking note of these facts and circumstances, no interference is called for insofar as the impugned order dated

Patna High Court L.P.A No.1173 of 2024(8) dt.15-09-2025 3/3 23.09.2024 passed in CWJC No. 4592 of 2021.

4. Accordingly, the present LPA stands disposed of.

5. Disposal of the present LPA would not be a hurdle for the appellant to assail the final order dated 13.09.2024 in the manner known to the law.

(P. B. Bajanthri, ACJ) ( Alok Kumar Sinha, J) Jyoti/- U