Disposed¶27

Rahul Singh v. The State of Bihar

Patna HC20 Jul 2026CWJC/10795/2026

Case brief

AI extract

What is this about?

Patna High Court; CWJC 10795 of 2026; mandamus; Bihar Municipal Act 2007; Section 25(4) removal of chairman; Section 48(1)(2) statutory duty; Chief Counsillor Nagar Parishad Hajipur; non-performance of statutory duty; representation dated 06.04.2026 Annexure-P/2; disposal of representation by competent authority; opportunity of hearing / principles of natural justice; reasoned order; four-week time-frame; disposed at admission stage with consent.

What did the court decide?

Writ petition disposed of at the admission stage with consent of counsel: respondent No. 1 directed to consider the petitioner's representation/complaint dated 06.04.2026 (Annexure-P/2), afford the petitioner an opportunity of hearing, and pass a reasoned order preferably within four weeks, communicating it to the party. ¶27

Rahul Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether suitable action should be taken under Section 25(4) of the Bihar Municipal Act 2007 for removal of respondent No. 4 from the post of chairman of Nagar Parishad Hajipur for non-performance of statutory duties under Sections 48(1)(2) of the Act, and whether an enquiry/investigation should be ordered. +1 more

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Ratio / Principle

Without going into the merits, the writ petition is disposed of directing respondent No. 1 to consider the petitioner's representation/complaint dated 06.04.2026 (Annexure-P/2) and pass a reasoned order.

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Key takeaways

Before passing any orders on the representation, the petitioner shall be given an opportunity of hearing.ratio¶24
The entire exercise shall be completed as expeditiously as possible, preferably within four weeks from receipt of a copy of the order, and any orders passed shall be communicated to the party.ratio¶26

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT PATNA (A. Abhishek Reddy, J.), CWJC No.10795 of 2026, decided 20-07-2026: Disposing of the writ petition at the admission stage with the consent of counsel and expressly without going into the merits, the Court directed respondent No. 1 (Principal Secretary, Urban Development and Housing Department, Government of Bihar) to consider the petitioner's representation/complaint dated 06.04.2026 (Annexure-P/2), which sought action under Section 25(4) and invoked Section 48(1)(2) of the Bihar Municipal Act 2007 against respondent No. 4, Chief Counsillor, Nagar Parishad Hajipur, for alleged non-performance of statutory duties. The competent authority is to pass a reasoned order after giving the petitioner an opportunity of hearing, complete the exercise preferably within four weeks of receipt of the order, and communicate any order passed to the party.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10795 of 2026

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======================================================

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Rahul Singh S/o- Harsh Nandan Singh, Resident- Hathsarganj, P.S-Hajipur, District - Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary Urban Development and Housing Department Government of Bihar Patna.

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District Magistrate Hajipur.

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Executive Officer Nagar Parishad Hajipur District Vaishali, Bihar.

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Sangeeta Kumari Chief Counsillor Nagar Parishad Hajipur District Vaishali, Bihar.

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===============	====	... ... Respondent/s ===================================
Appearance : For the Petitioner/s For Respondent No. 3 For the Respondent/s	: : : :	Mr. Bibhuti Narayan, Adv. Ms. Priya Ranjan, Adv. Mr. Ashok Kumar, Adv. Mr. Government Pleader (2)
=============== CORAM: HONOUR	=== ABL	================================== E MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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2 20-07-2026 Heard the learned counsel for the parties.

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The present writ petition has been filed for the

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following relief(s):-

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“(A) For Issuance of Writ in the nature Mandamus for giving direction to take suitable action under Section 25(4) of the Bihar Municipal Act 2007, for removable of the respondents no-04 from the post of chairman of Nagar Parishad Hajipur, for not performing her statutory duty provided under Section 48(1) (2) of the Bihar Municipal Act 2007.

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(B) For giving direction to make an enquiry and investigation against the Nonperformance of statutory duty by the Chief Counsillor in terms of the provision of the Bihar Municipal Act 2007.

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(C) For Giving Direction to Respondents no-01 to dispose off the representation

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Patna High Court CWJC No.10795 of 2026(2) dt.20-07-2026 2/3

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of the petitioner (Annexure-02) in accordance with law after following Principle of Natural Justice.

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(D) Any Other relief/reliefs which this Hon'ble court may deem fit and proper in the fact and circumstances of the Present case.”

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3. 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.

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4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has given a representation/ complaint dated 06.04.2026 (Annexure-P/2) to the respondent No. 1 herein who is the competent authority and it would suffice if a direction is given to the said authority to consider the said representation and pass necessary orders by fixing a time-frame.

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5. Learned counsel appearing on behalf of the respondents-State submits that he has no objection if a direction is given to the respondent No. 1 herein to dispose of the representation/ complaint strictly in accordance with law.

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6. Having regard to the above made submissions, the present writ petition is disposed of directing the respondent No. 1 herein to consider the representation/ complaint dated 06.04.2026 (Annexure-P/2) and pass a reasoned order.

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7. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing.

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Patna High Court CWJC No.10795 of 2026(2) dt.20-07-2026 3/3

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The entire exercise shall be completed as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. Any orders passed shall be communicated to the party.

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8. With the above direction, the present writ petition stands disposed of.

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(A. Abhishek Reddy, J)

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Ayush/-

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Rahul Singh v. The State of Bihar

Case brief

What is this about?

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Rahul Singh v. The State of Bihar

Case brief

What is this about?

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What the court decided

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