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Patna High CourtCWJC/5461/2026disposed

Santosh Kumar v. The State Of Bihar

2026-04-27Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5461 of 2026 ====================================================== Santosh Kumar S/o Rajeshwar Prasad Resident of Mohalla- Premganj, Ward No.- 5, P.O. and P.S.- Lalganj, District- Vaishali, Presently elected Deputy Chief Councillor of Lalganj Municipal Counsil, District- Vaishali, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

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

3.

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

4.

The Director, Urban Local Bodies, Urban Development and Housing Department, Government of Bihar, Patna.

5.

The District Magistrate-cum- Administrator, Vaishali at Hajipur. 6.

The Nagar Parishad, Lalganj, through its Chief Councillor, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Respondent/s :

Dr. Md. Raisul Haque, SC 10 For the Nagar Parishad, Lalganj :

Mr. Surendra Kishore Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-04-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent no. 6.

2. The petitioner has filed the instant application for the following relief(s):- "I. Issue an appropriate writ, order or direction commanding the respondents to consider and decide the petitioner's representation dated 02.02.2026 within a timebound period.

Patna High Court CWJC No.5461 of 2026(2) dt.27-04-2026 2/3 II. Issue a writ of mandamus directing the respondents to take appropriate legislative and administrative measures to ensure effective decentralization of powers between the Chief Councillor and Deputy Chief Councillor.

III. Direct the respondents to frame appropriate rules or guidelines providing:

A. Defined participatory rule of the Deputy Chief Councillor in selection of development schemes;

B. Joint signature requirement of the Chief Councillor and Deputy Chief Councillor in approval of official files and budget proposals; C. Allocation of departments between the Chief Councillor and Deputy Chief Councillor;

D. Provision of salary, pensionary benefits and compensation in case of death in office;

E. Provision of security personnel;

F. Necessary office infrastructure including computer, operator and support staff."

3. Having heard learned counsel for the parties and having perused the contents of the writ petition, the writ application is disposed of directing the petitioner to file a representation before the Director, Urban Local Bodies, Urban Development and Housing Department, Government of Bihar, Patna (respondent no. 4) for the reliefs prayed for in the instant

Patna High Court CWJC No.5461 of 2026(2) dt.27-04-2026 3/3 application.

4. The representation be filed within a period of four weeks from today.

5. In case such a representation is filed, the respondent no. 4 shall decide the same in accordance with law within a period of three months from the date of its filing.

6. The writ application stands disposed of.

(Partha Sarthy, J) Ranjeet/- U