Patna High Court
Ashok Kumar Agrawal vs The State Of Bihar on 1 August, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1250 of 2022
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Ashok Kumar Agrawal Son of Puranamal Sarabagi Resident of Village-
Somvar Hat, Post Office- Salmari, Police Station- Azam Nagar (Salmari
O.P.), District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reform, Government of Bihar, Patna.
2. The Special Secretary to the Government, Department of Revenue and Land
Reforms, Government of Bihar, Patna.
3. The Collector, Katihar, District- Katihar.
4. The Additional Collector, Revenue and Land Reform, Katihar.
5. The Sub-Divisional Officer, Barsoi Sub-Division, Katihar.
6. The Circle Officer, Azam Nagar Circle, District- Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Md. Helal Ahmad, Adv.
For the Respondent/s : Mr.Rishi Raj Sinha SC 19
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 01-08-2025
In the instant writ petition, petitioner has prayed for
the following relief (s) :-
"For issuance of a writ in the nature of
certiorari and/or any other appropriate
writ or writs, order(s) or direction(s), is for
quashing of order dated 06.12.2021 issued
by Circle officer, Azam Nagar, Katihar,
whereby and whereunder petitioner has
Patna High Court CWJC No.1250 of 2022 dt.01-08-2025
2/5
been asked to deposit due amount of Rs.
5,00,000/- (Five Lakhs) as petitioner has
deposited Rs. 32,46,520/- against the total
amount of Rs. 37,46,520/- ( Thirty Seven
Lakh forty six thousand five hundred
twenty) which was total auction amount for
the settlement of Salmari Hat for the
financial year 2021-22 and, further direct
the respondent(s) to compensate petitioner
for the losses occurred due to closer of Hat
on account of Covid-19 pandemic and
during pendency of this writ petition stay
the impugned order dated 06.12.2021
passed by the Circle Officer, Azamnagar
Circle, district-Katihar."
2. Learned counsel for the petitioner submits that out
of the total auction amount of Rs. 37,46,520/- for the settlement
of Salmari Hatt for the financial year 2021-22, petitioner has
deposited an amount of Rs. 32,46,520/- and he has not deposited
the remaining amount of Rs. 5,00,000/-. It is submitted that
during the course of Covid-19 pandemic, by order dated
04.05.2021
the Government of Bihar directed for lock-down of
institution. The lock-down was thereafter extended till
25.05.2021 by the State Government by order dated 15.05.2021
and thereafter it was again extended till 01.06.2021 by the State
Government by order dated 25.05.2021 and even after that lock-
Patna High Court CWJC No.1250 of 2022 dt.01-08-2025
down was imposed. The State Government constituted district
level committee to look after such loss to the settlee. It is
submitted that the Circle Officer, who is also a member of the
said Committee, instead of referring the matter of loss caused to
the petitioner passed the impugned order dated 06.12.2021 as
contained in Annexure-1. It is submitted that for the reason
which was beyond the control of the petitioner, petitioner cannot
be held liable as the subject matter for which the settlement has
been made in favour of the petitioner did not work. Petitioner
has neither intentionally nor deliberately is responsible for the
alleged lock-down resulting in non-functioning of the Salmari
Hat. It has been submitted that while passing the impugned
order dated 06.12.2021 asking the petitioner to deposit the due
amount of Rs. 5,00,000/-, the concerned authority has not taken
into account the Covid-10 pandemic period which was
prevailing globally at the relevant time.
3. Learned counsel for the State submits that the thrust
of contention of the learned counsel for the petitioner is that
petitioner is neither intentionally nor deliberately liable for the
imposition of lock-down as a result of which the functioning of
the Salmera Hatt was closed down. It is submitted that only
essential Food Articles, Fruits, Vegerables, Meat-Fish, Milk are
Patna High Court CWJC No.1250 of 2022 dt.01-08-2025
sold and purchased in aforesaid Salmari Hatt and this Hatt was
never closed in the period of Covid-19, because those are
essential commodities and remained exempted in the light of the
order of the State Government, as mentioned in para 5 of the
counter affidavit filed on behalf of Circle Officer, Azam Nagar,
Katihar (respondent no. 6). Learned counsel has, however,
submitted that if petitioner files fresh representation raising the
grievances, which has been raised in the present writ petition,
that petitioner is neither intentionally nor deliberately
liable/responsible for imposition of Covid-19 pandemic as a
result of which the said Salmera Hatt remained closed, the
competent authority will look into the matter.
4. Considering the facts and circumstances of the
case, the arguments advanced on behalf of both the parties and
the materials available on record, the present writ petition is
disposed of with liberty to the petitioner to approach the
authority concerned for redressal of his grievance, which has
been raised by the petitioner in the present writ petition, within
a period of four weeks from the date of receipt of a copy of this
order. The concerned authority is directed to consider and
dispose of the grievance of the petitioner, in accordance with
law, after giving him due opportunity of hearing expeditiously
Patna High Court CWJC No.1250 of 2022 dt.01-08-2025
within a reasonable period of time, without being prejudiced by
the present order.
(Alok Kumar Pandey, J)
mcverma/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.08.2025
Transmission Date NA
