Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court declined to grant mandamus and directed the petitioner to file a fresh representation before the Municipal Commissioner, after which the matter will be decided in accordance with law.
Summary
Manish Kumar filed a writ petition seeking a mandamus directing the Municipal Commissioner of Bettiah to reduce the settlement amount he was required to deposit, alleging that three of the ten toilets under the settlement were non‑functional. The petitioner argued that the non‑repair of these toilets warranted a reduction in the amount payable. The court examined the nature of the relief sought and held that it could not grant mandamus without a fresh representation by the petitioner. Accordingly, the court disposed of the writ application, directing the petitioner to file a new representation within four weeks and the respondent to decide on it within two months. The writ petition was thus dismissed, with procedural directions issued for a fresh filing.
Issues considered
- Whether the court can issue a writ of mandamus directing reduction of the settlement amount without a fresh representation by the petitioner
- Whether the petitioner must first file a fresh representation before the Municipal Commissioner before any relief can be granted
Subjects
- writ jurisdiction
- mandamus
- municipal corporation
- settlement
- public utilities
- representation
- non‑functional toilets
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3631 of 2026
======================================================
Manish Kumar, S/o Ganesh Rai, Resident of Village- Chak Bara, P.O.- Bara
Chakia, P.S.- Chakia, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Urban Development and Housing Department,
Govt. of Bihar, Patna.
3. The Collector -cum- District Magistrate, West Champaran at Bettiah.
4. Municipal Corporation, Bettiah, District-West Champaran through the
Municipal Commissioner.
5. The Municipal Commissioner, Municipal Corporation, Bettiah, District-
West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjeev Kumar, Advocate
Mr. Sitesh Kashyap, Advocate
For the Respondent/s : Addl. Advocate General-12
Mr. Priyadarshi Matri Sharan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-Municipal Corporation, Bettiah.
2. The petitioner has filed the instant application for
the following reliefs :-
“A. For issuance of a writ in the
nature of mandamus or any other appropriate
writ, or order/s, direction commanding the
respondents to dispose of the representation
dated 29.01.2026 given by the petitioner to the
respondent no.5 to reduce the remaining amount
of the settlement to be deposited by the petitioner
Patna High Court CWJC No.3631 of 2026(2) dt.23-03-2026
2/2
by a reasoned and speaking order specially
taking into consideration the fact that three
toilets out of the 10 toilets settled with the
petitioner remained non-functional during the
entire period of settlement on account of non-
repair of these toilets by the office of the
respondent no.5.
B. For any other relief/s to which the
petitioners are found entitled to.”
3. Having heard learned counsel for the parties and
having perused the contents of the petition, in view of the nature
of prayer made in the instant case, the writ application is
disposed of with a direction to the petitioner to file a fresh
representation before the respondent no.5 along with a copy of
this order within a period of four weeks.
4. In case such a representation is filed, the same shall
be disposed of in accordance with law by the respondent no.5 at
the earliest preferably within a period of two months from the
date of its filing.
5. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
avinash/-
U
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