Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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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