Patna High Court

CWJC/5666/2026 of Mohammad Alam @ Md. Alam Vs The State of Bihar on 15 June 2026

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COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5666 of 2026 ====================================================== Mohammad Alam @ Md. Alam S/o Nathhu Miya, R/o 235, Ward no 12, Kajipur, Goriya, Mahammmadpur, Sube, PS Panapur Kariyat, District Muzaffarpur, Bihar. ... ...

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5666 of 2026

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

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

... ... Petitioner/s

Versus

1.

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

2.

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

3.

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

4.

The Additional Chief Secretary, General Administration Department.

5.

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

6.

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

7.

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

8.

The Secretary, Panchayati Raj Department, Government of Bihar.

9.

The Labour Resources Department, Government of Bihar.

10.

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

11.

The Director General of Police, Govt. of Bihar.

... ... Respondent/s

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

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ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

15-06-2026 Heard learned counsel for the parties.

2. The petitioner is aggrieved by the action of the Patna High Court CWJC No.5666 of 2026(2) dt.15-06-2026

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

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.

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.

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.

6. The competent authority shall consider and dispose Patna High Court CWJC No.5666 of 2026(2) dt.15-06-2026

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.

7. The writ petition stands disposed of accordingly.

Neha/- (Meenakshi Madan Rai, CJ) (Soni Shrivastava, J) U

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