Patna High Court
M/s Kusum EnterprisesversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
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
Checking your session…