Krishndev Sah vs The State Of Bihar
2025 Latest Caselaw 4171 Patna

Patna High Court

Krishndev Sah vs The State Of Bihar on 15 October, 2025

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15364 of 2019
     ======================================================
     Krishndev Sah Son of Ramdev Sah, Resident of Village- Mahthour Khurd,
     Dhata Tol, P.S. Phulparas District- Madhubani.

                                                           ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary and Food and Civil
     Supply Department, Govt. of Bihar, Patna.
2.   The District Magistrate-Cum-collector Madhubani.
3.   The Subs Divisional Officer Phulparas, Madhubani.
4.   The Block Supply Officer, Phulparas, Madhubani.
5.   Sri Yogendra Sadai, Son of Sohabir Sadai, Resident of Village- Hanuman
     Nagar, P.S. Phulparas District- Madhubani.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :    Mr.Gagan Deo Yadav, Adv.
     For the Respondent/s   :    Mr.Arvind Ujjwal (Sc4)
     ======================================================
     CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

     ORAL JUDGMENT

Date : 15-10-2025

1. The present Writ petition is filed seeking

a direction upon the respondent authorities to take

legal action against respondent No. 5 for the alleged

misappropriation committed by him, being a dealer of

the Public Distribution System (PDS) shop, through

black marketing of foodgrains and kerosene oil.

2. It is specific contention of the Learned

counsel for the petitioner that the petitioner is a Patna High Court CWJC No.15364 of 2019 dt.15-10-2025

member of the Panchayat Samiti of Ward No. 14,

Mahthour Panchayat, and as respondent No. 5 has

misappropriated a large quantity of foodgrains, the

petitioner has filed the present writ petition seeking

appropriate action against him.

3. On the other hand, the Learned counsel

for the respondents contended that the Writ petition

itself is not maintainable, and if at all the petitioner

has any grievance, he may prefer a complaint before

the District Magistrate, Madhubani.

4. Heard the Learned counsel for the

petitioner as well as the Learned counsel for the

respondents.

5. Taking into consideration the fact that

there is no impugned order under challenge in this

Writ petition, and that an effective remedy is available

to the petitioner, this Court directs the petitioner to

file a complaint before the District Magistrate, Patna High Court CWJC No.15364 of 2019 dt.15-10-2025

Madhubani, within a period of two months from the

date of receipt of this order. In turn, the District

Magistrate, Madhubani, shall pass an appropriate

order on the complaint, considering the case on

merits, within a period of three months from the date

of filing of the complaint.

6. With the aforesaid observations, the Writ

petition stands disposed of.

7. Interlocutory application, if any, shall

also disposed of.

(G. Anupama Chakravarthy, J) AMANDEEP/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          16.10.2025.
Transmission Date