Created by Fuzzy Cloud

Patna High Court

M/s Kusum EnterprisesversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a representation within four weeks and the Municipal Commissioner to decide on it within six weeks, thereby disposing of the writ petition.

Summary

M/s Kusum Enterprises, through its proprietor Sunil Sah, filed a writ petition alleging that the Muzaffarpur Municipal Corporation had not acted on a representation made by the petitioner. The petitioner sought a direction for the Municipal Commissioner to dispose of the representation within a fixed time‑frame. The respondent argued that the document filed was a legal notice, not a representation, and suggested the petitioner file a fresh representation. The Court, without examining merits, disposed of the petition at the admission stage with the consent of both parties, directing the petitioner to file a suitable representation within four weeks and the Municipal Commissioner to decide on it within six weeks, communicating any orders to the petitioner. The petition was thereby disposed.

Issues considered

  • Whether the Municipal Corporation is obligated to consider the petitioner's representation within a reasonable time
  • Whether the Court can direct the petitioner to file a fresh representation before the Municipal Commissioner

Subjects

  • writ petition
  • representation
  • municipal corporation
  • administrative law
  • court direction
  • expeditious disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19318 of 2025
                 ======================================================
                 M/s Kusum Enterprises through its Proprietor, Sunil Sah, male, aged about 44
                 years, Son of- Baiju Sah, Resident of Village- Bediban, Madhuban, P.O.
                 Damodarpur, P.S.- Pipra, District- East Champaran, Bihar.
                                                                            ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    Muzaffarpur Municipal Corporation, through the Municipal Commissioner,
                 District- Muzaffarpur.
           3.    Municipal Commissioner, Muzaffarpur Municipal Corporation, District-
                 Muzaffarpur.
           4.    District Magistrate, District- Muzaffarpur, Bihar.
           5.    Engineer-in-Chief,       Muzaffarpur      Municipal     Corporation,   District-
                 Muzaffarpur.
           6.     Executive Engineer, Muzaffarpur Municipal Corporation, Muzaffarpur
                  Division, Muzaffarpur, District- Muzaffarpur.
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sumeet Kumar Singh, Adv.
                                          :         Ms. Deepali Singh, Adv.
                                          :         Mr. Kumar Vikram, Adv.
                                          :         Mr. Anmol Kumar, Adv.
                 For the Respondent/s     :         Mr. Standing Counsel (8)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   02-02-2026                   Without going into the merits or demerits of the case,

                   the present writ petition is disposed of at stage of admission with

                   the consent of both the counsels.

                                 2.      Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has made a representation to

                   the respondent-Municipal Corporation but till date the authority

                   has not taken any decision on the same. Learned counsel submits

                   that it would suffice for the present if the direction is given to the

                   respondent No. 3 herein (i.e., The Municipal Commissioner,

                   Muzaffarpur          Municipal     Corporation)      to   dispose    of   the

                   representation made by the petitioner by fixing a time-frame.
          Patna High Court CWJC No.19318 of 2025(2) dt.02-02-2026
                                                     2/2




                                3. Per contra, the learned counsel appearing on behalf

                    of the respondent-Corporation submits that the Annexure-P/12 is

                    not a representation made by the petitioner but it is a legal notice

                    sent on behalf of the petitioner. Learned counsel submits in case

                    the petitioner is so advised, he can file a representation before the

                    respondent No. 3 herein and the same shall be considered strictly

                    in accordance with law.

                                4.    Having regard to the above made submissions, the

                    present writ petition is disposed of granting liberty to the petitioner

                    to file a suitable representation ventilating his grievance before the

                    respondent No. 3 within a period of four weeks from today. On

                    such representation being given, the respondent No. 3 shall

                    consider the same and pass necessary orders strictly in accordance

                    with law. The authority shall endeavor to pass necessary orders as

                    expeditiously as possible preferably within a period of six weeks

                    from the date of filing of the said representation. Any orders

                    passed shall be communicated to the petitioner.

                                5.    With the above direction, the present writ petition

                    stands disposed of.


                                                   (A. Abhishek Reddy, J)
Ayush/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.