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Patna High Court

M/s Kusum EnterprisesversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Municipal Commissioner of Muzaffarpur to consider the representation dated 18‑09‑2025 and pass necessary orders within six weeks, in accordance with law.

Summary

M/s Kusum Enterprises filed a writ petition alleging that the Muzaffarpur Municipal Commissioner had not acted on a representation dated 18‑09‑2025. The petitioner sought a court direction for the Commissioner to consider the representation within a fixed time‑frame. The State of Bihar raised no objection to such a direction, provided it is in accordance with law. The Court, without examining the merits, disposed of the petition at the admission stage and directed the Municipal Commissioner to consider the representation and pass orders within six weeks, communicating the outcome to the petitioner. The petition was thereby disposed with the specified directions.

Issues considered

  • What direction, if any, should the court give to a municipal authority to act on a pending representation filed by a private party?

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19770 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. Anmol Kumar, Advocate.
                 For the Respondent/s   :       Mr. Standing Counsel (08).
                 For the Corporation    :       Mr. Awadhesh Kumar, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   11-02-2026                    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 dated 18.09.2025 (Annexure-P/6) to the

                   Respondent-Municipal               Commissioner,             Muzaffarpur
Patna High Court CWJC No.19770 of 2025(2) dt.11-02-2026
                                            2/3




          Municipal Corporation, Muzaffarpur, Bihar, 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.

                      3. Learned counsel appearing on behalf of the

          Respondent-State submits that he has no objection if a

          direction is given to the Municipal Commissioner,

          Muzaffarpur           Municipal          Corporation,         Muzaffarpur

          (Respondent No. 3) to consider the said representation

          strictly in accordance with law.

                      4. Having regard to the above made submissions,

          the present writ petition is disposed of directing the

          Municipal          Commissioner,                Muzaffarpur     Municipal

          Corporation, Muzaffarpur (Respondent No. 3) to consider

          the representation dated 18.09.2025 (Annexure-P/6) 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
           Patna High Court CWJC No.19770 of 2025(2) dt.11-02-2026
                                                       3/3




                     weeks from the date of receipt of the copy of this order. Any

                     orders passed shall be communicated to the petitioner.

                                 5. With the above directions, the present writ

                     petition stands disposed of.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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