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Patna High Court

Sujit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to grant mandamus and instead directed the petitioner to file a representation and the Commissioner to decide the matter within a stipulated time.

Summary

Petitioner Sujit Kumar, a former labourer of Bhagalpur Municipal Corporation, filed a writ petition seeking a mandamus directing the Municipal Commissioner to re‑engage him based on his three‑year‑six‑month service. The Court examined whether the extraordinary writ jurisdiction could be invoked to compel the administrative authority to reinstate the petitioner. Finding that the remedy of mandamus was not appropriate at this stage, the Court directed the petitioner to submit a formal representation to the Municipal Commissioner within four weeks. The Court further ordered the Commissioner to consider the representation in accordance with law and communicate a decision within two months. Accordingly, the writ application was disposed of with these procedural directions.

Issues considered

  • Whether a writ of mandamus can be issued to compel the Municipal Commissioner to re‑engage the petitioner as a labourer.
  • Whether the extraordinary writ jurisdiction is appropriate for adjudicating the petitioner’s employment grievance.

Subjects

  • writ jurisdiction
  • mandamus
  • administrative law
  • municipal corporation
  • employment
  • representation
  • procedural direction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3960 of 2026
                 ======================================================
                 Sujit Kumar, Son of Late Ajay Prasad Gupta, Resident of Mohalla-
                 Hussainabad, Ward No. 41, Police Station- Babarganj, District- Bhagalpur.

                                                                             ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through Principal Secretary, Nagar Vikas Awam Awas,
                 Govt. of Bihar, Patna.
           2.    The Commissioner, Bhagalpur Division, Bhagalpur.
           3.    The Municipal        Commissioner,     Bhagalpur   Municipal     Corporation,
                 Bhagalpur.
           4.    The District Magistrate, Bhagalpur.
           5.    The Regional Development Officer, Office of Commissioner, Bhagalpur
                 Division, Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :      Dr. Manoj Kumar, Advocate
                                                Mr. Kshem Sharma, Advocate
                                                Ms. Khushboo Kumari, Advocate
                                                Ms. Sweety Sinha, Advocate
                 For the State           :      Government Pleader-3
                 For the Municipal Corp. :      Mr. Manoj Kumar Sinha, Advocate
                 Bhagalpur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   26-03-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                2. The petitioner has filed the instant application for

                   the following relief :-

                                                 “That by invoking extra-ordinary writ
                                      jurisdiction of this Hon'ble Court, the petitioner
                                      seeks indulgence and prays for issuance of an
                                      appropriate writ/writs, direction/directions in the
                                      nature of writ of mandamus commanding upon
                                      the respondents specially respondent No.3 to
            Patna High Court CWJC No.3960 of 2026(2) dt.26-03-2026
                                                        2/2




                                         re-engage the petitioner as labour on the basis of
                                         his experience for discharging duty in the
                                         corporation for three years and six months with
                                         all sincerity.”

                                  3. In view of the nature of relief sought for by the

                      petitioner in the instant application, the writ application is

                      disposed of directing the petitioner to file a representation

                      before the Municipal Commissioner, Bhagalpur Municipal

                      Corporation, Bhagalpur (respondent no.3) within a period of

                      four weeks.

                                  4. On filing of the representation, the respondent no.3

                      shall decide the same in accordance with law within a period of

                      two months from the date of its filing and communicate the

                      result thereof to the petitioner forthwith.

                                  5. The writ application stands disposed of with the

                      above observations and directions.



                                                   (Partha Sarthy, J)
avinash/-

U


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