Disposed¶31

Mohammad Alam @ Md. Alam v. The State of Bihar

Patna HC15 Jun 2026CWJC/5666/2026

Case brief

AI extract

What is this about?

Tolly Band; live music performance restriction; DJs in modified vehicles; imposition of fines; violation of prescribed noise-decibel norms; representation before Minister, Transport Department; exhaustion of remedy before concerned authority; reasoned and speaking order; forty-five (45) days; communication of decision; writ petition disposed of; Patna High Court; Civil Writ Jurisdiction Case No.5666 of 2026; Mohammad Alam @ Md. Alam; State of Bihar and State authorities respondents.

What did the court decide?

Writ petition disposed of with a direction to the competent authority to consider and dispose of the petitioner's representation by a reasoned and speaking order within forty-five (45) days from the date of filing, and to communicate the decision to the petitioner forthwith. ¶31

Mohammad Alam @ Md. Alam 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 the petitioner should first approach the concerned authority and exhaust the remedy available there before availing further remedies in law regarding the disallowance of Tolly Band performances and imposition of fines. +1 more

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Court's answer

After hearing the submissions of learned counsel for the parties, the Court held that the petitioner should first approach the concerned authority and exhaust the remedy available before it, and thereafter, if so advised, may avail the remedies available in law.

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Ratio / Principle

The competent authority shall consider and dispose of the petitioner's representation by passing a reasoned and speaking order within forty-five (45) days from the date of filing of such representation, and the decision so taken shall be duly communicated to the petitioner forthwith.

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Detailed headnote1 paragraphs

Patna High Court (order per the Honourable the Chief Justice, Meenakshi Madan Rai, with Justice Soni Shrivastava on the Bench) disposed of Civil Writ Jurisdiction Case No.5666 of 2026 filed by Mohammad Alam @ Md. Alam, who was aggrieved by the action of State authorities in disallowing Tolly Band artists from performing live music and from using DJs in vehicles modified for such purposes, and by the imposition of fines stated to be for violation of prescribed noise-decibel norms and use of modified vehicles. Holding that the petitioner should first approach the concerned authority and exhaust the remedy available before it, the Court directed that the competent authority shall consider and dispose of the petitioner's representation (already submitted before the Minister, Transport Department) by passing a reasoned and speaking order within forty-five (45) days from the date of filing, and that the decision so taken shall be duly communicated to the petitioner forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5666 of 2026

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

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Mohammad Alam @ Md. Alam S/o Nathhu Miya, R/o 235, Ward no 12, Kajipur, Goriya, Mahammmadpur, Sube, PS Panapur Kariyat, District Muzaffarpur, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar.

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The Additional Chief Secretary, Home Department, Govt. of Bihar.

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The Additional Secretary, Art and Culture Department, Govt. of Bihar.

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The Additional Chief Secretary, General Administration Department.

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The Additional Secretary, Transport Department, Govt. of Bihar.

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The Bihar State Pollution Control Board (BSPCB), through its Member Secretary, Govt. of Bihar.

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The Secretary, Urban Development and Housing Department, Government of Bihar.

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The Secretary, Panchayati Raj Department, Government of Bihar.

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The Labour Resources Department, Government of Bihar.

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The Municipal Corporations/ Nagar Parishads/ Nagar Panchayats Concerned, through their Executive Officers.

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The Director General of Police, Govt. of Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Paswan, Advocate Mr. Amar Kumar, Advocate Ms. Deepsikha, Advocate Mr. Suraj Kumar, Advocate Ms. Mahi Priya, Advocate For the Respondent/s : Mr. Advocate General For the State : Mr. P.K. Verma, A.A.G.-3 Mr. Sanjay Kumar Ghosarvey, A.C. to A.A.G.-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 15-06-2026

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Heard learned counsel for the parties.

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2. The petitioner is aggrieved by the action of the

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Patna High Court CWJC No.5666 of 2026(2) dt.15-06-2026 2/3

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concerned State Authorities in disallowing Tolly Band artists from performing live music and from using DJs in vehicles modified for such purposes.

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3. Learned counsel for the petitioner submits that a representation concerning the imposition of fines and the restriction on performances by Tolly Band artists has already been submitted before the Minister, Transport Department. However, no decision has yet been communicated to the petitioner.

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4. Learned counsel appearing for the State Respondents has entered appearance. During the course of hearing, learned counsel for the Respondents drew our attention to page 29 of the writ petition, wherein it has been stated that the fines were imposed on account of violation of prescribed noise-decibel norms and the use of modified vehicles, which is impermissible under the applicable statutory provisions.

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5. After hearing the submissions of the learned counsel for the parties, we are of the considered view that the petitioner should first approach the concerned authority and exhaust the remedy available before it. Thereafter, if so advised, the petitioner may avail the remedies available in law.

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6. The competent authority shall consider and dispose

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Patna High Court CWJC No.5666 of 2026(2) dt.15-06-2026 3/3

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of the petitioner's representation by passing a reasoned and speaking order within a period of forty-five (45) days from the date of filing of such representation. The decision so taken shall be duly communicated to the petitioner forthwith.

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7. The writ petition stands disposed of accordingly.

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(Meenakshi Madan Rai, CJ)

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(Soni Shrivastava, J)

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Neha/-

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Mohammad Alam @ Md. Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mohammad Alam @ Md. Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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