Patna High Court
Uday Kumar @ Uday Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court held that the petitioners must first make a representation/application to the Sub‑Divisional Officer, after which the authority shall consider it on merits within the stipulated time.
Summary
The petitioners, who were allotted market shops in 2003-04, claimed they were forcibly removed and sought a court order directing the authorities to re‑allot the shops. The respondents, representing the State and the Agriculture Produce Market Committee, contended that the petitioners had not filed any application or representation with the concerned authority. The Court, without examining the merits, disposed of the writ petition at the admission stage, directing the petitioners to submit a suitable representation to the Sub‑Divisional Officer (Special Officer) of the Market Committee within four weeks. The Court further directed the authority to consider any such representation on its merits and to dispose of it preferably within eight weeks, communicating the decision to the parties. Consequently, the petition was dismissed pending the filing of the required application.
Issues considered
- What procedural steps must petitioners follow before a court can direct the re‑allotment of market shops?
- Whether the court can grant relief without the petitioners having filed a representation with the concerned authority.
Subjects
- shop allotment
- market committee
- writ petition
- administrative law
- representation
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.817 of 2026
======================================================
1. Uday Kumar @ Uday Kumar Sahani Son of Bindu Sahani, Resident of
Village- Raghunathpur Basant, Ward- 11, Padmaul, Kurhani, P.S. Kurhani,
District- Muzaffarpur.
2. Ram Babu Sahani, Son of Mahadev Sahani, Resident of Hasi, Kewal, Patti
Bandhu Rae, P.S. Bhagwanpur, District- Vaishali.
3. Jalandhar Sahani, Son of Hari Sahani, Resident of Village- Dadar Kolowa,
Bhikhanpura, B. Factory, P.S. Ahiyapur, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The District Magistrate, Muzaffarpur.
3. The Sub-Divisional Officer, East cum Chairman (Special Officer)
Agriculture Produce Market Committee, Ahiyapur, Muzaffarpur, Bihar.
4. The District Agriculture Produce Market Committee (D), Muzaffarpur
through its Chairman.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prafull Chandra Jha, Advocate.
Mr. Keshav Kumar Jha, Advocate.
Mr. Rahul Kumar, Advocate.
For the Respondent/s : Mr. Addl. Advocate General (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 26-02-2026 Without going into the merits or demerits of the case,
the present writ petition is disposed of at the stage of admission
with the consent of both the Counsels.
2. Learned counsel appearing on behalf of the
petitioners submits that the petitioners were allotted shops way
back in the year 2003-04. Thereafter, the petitioners were
forcibly removed by the authorities. That subsequently new
Patna High Court CWJC No.817 of 2026(2) dt.26-02-2026
2/3
shops/complex are being constructed in the place. Learned
counsel submits that the respondents may be directed to pass
appropriate orders for allotting the shops on the
representation/application made by the petitioners. Learned
counsel submits that the above allotment of the shops on the
applications made by the petitioners may be directed to be done
at the earliest by fixing a time frame.
3. Learned counsel appearing on behalf of the
Respondent-State submits that as on date the petitioners have
not filed any application or representation before the authority
and, in case, any such application/representation is filed, the
same shall be considered in accordance with law.
4. Having regard to the same, the present writ petition
is disposed of directing the petitioners to make a suitable
representation/application to the Sub-Divisional Officer East-
cum-Chairman (Special Officer) Agriculture Produce Market
Committee, Ahiyapur, Muzaffarpur, Bihar i.e. Respondent No. 3
herein seeking allotment of the shops within a period of 4 weeks
from today. On such application/representation being received,
the authority shall consider the same on its own merits and take
necessary steps for disposal of the said representation. The
authority shall endeavour to dispose of the representation as
Patna High Court CWJC No.817 of 2026(2) dt.26-02-2026
3/3
early as possible preferably within a period of 8 weeks from the
date of the representation/ application by the petitioners.
Any decision take shall be communicated to the parties.
5. With the above directions, the present writ petition
stands disposed of.
(A. Abhishek Reddy, J)
shakir/-
U
Checking your session…