Patna High Court
Prabha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The Court set aside the Municipal Commissioner’s cancellation order as it was issued without due process and on erroneous factual grounds.
Summary
Petitioners Prabha Devi and Surendra Prasad Gupta obtained a sanctioned building map from the Bettiah Municipal Corporation for constructing a house. The Municipal Commissioner later cancelled the map by Letter No.55 dated 10‑01‑2026, alleging the petitioners concealed a pending title suit. The petitioners contended that the suit had been dismissed for default in 2016 and that no case was pending when they applied for the map, and that they were not given notice or a chance to be heard. The High Court examined the factual chronology, the alleged misrepresentation, and the procedural requirements of natural justice. It held that the cancellation was issued without proper notice and on erroneous factual grounds, and therefore set aside the Commissioner’s order. The writ petition was allowed, restoring the petitioners’ right to continue construction.
Issues considered
- Whether the Municipal Commissioner can cancel a sanctioned building map without notice and hearing, violating principles of natural justice.
- Whether the alleged concealment of a pending title suit constitutes a valid ground for cancellation of the map.
- Whether the petitioners’ affidavit stating no pending case was false and can justify the cancellation.
Subjects
- building permit
- municipal corporation
- cancellation of map
- natural justice
- certiorari
- mandamus
- property law
- pending litigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2474 of 2026
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1. Prabha Devi Wife of Surendra Prasad Gupta, Resident of Purani Gudari
Arya Samaj Road, Ward No. 9, Bettiah, West Champaran, Bihar-845438.
2. Surendra Prasad Gupta, Son of Late Kashinath Gupta, Resident of Purani
Gudari Arya Samaj Road, Ward No. 9, Bettiah, West Champaran, Bihar-
845438.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Urban Development and Housing Department,
Govt. of Bihar, Patna.
3. The District Magistrate, West Champaran at Bettiah.
4. The Bettiah Municipal Corporation through the Municipal Commissioner,
Bettiah Municipal Corporation, Bettiah, West Champaran.
5. The Municipal Commissioner, Bettiah Municipal Corporation, Bettiah, West
Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioners : Mr. Abhay Shankar Singh, Advocate
Mr. Akshansh Shanker, Advocate
Mr. Barun Kumar Singh, Advocate
Mr. Amit Kumar Mishra, Advocate
For the State : Additional Advocate General-9
Mr. Anil Kr. Verma, AC to AAG-9
For the Bettiah Municipal Corp. : Mr. Priyadarshi Matri Sharan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 02-04-2026
Heard learned counsel for the petitioners and learned
counsel for the respondent-Bettiah Municipal Corporation.
2. The petitioners have filed the instant application for
the following reliefs :-
“A. For issuance of writ in the nature
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of Certiorari for quashing the letter no. 55 dated
10.01.2026 issued by the Municipal
Commissioner, Bettiah Municipal Corporation
(Annexure-P/7) whereby and where under the
Municipal Commissioner has unilaterally
cancelled the duly approved Map for Building
Construction issued in favour of Petitioner No. 1
Prabha Devi, in the midst of construction when
the brick work along with centering for the roof
is already complete and only roof casting is to be
done, that too without notice or previous show
cause to her. The order has been passed in
complete violation of the principle of natural
justice on false and erroneous grounds and has
further directed to immediately stop the ongoing
construction work.
B. For issuance of writ in the nature
of mandamus directing the concerned
respondents to not cause any obstruction in the
ongoing construction work as the same was
started after duly obtaining all the necessary
permissions and approvals from the competent
authority.
C. For an interim direction to the
concerned respondents to allow the petitioner
no.1 to continue the construction work subject to
outcome of the present writ petition as sudden
stoppage of work is causing extreme financial
losses to the petitioners on day-to-day basis.
D. Pass such other order(s) or
direction(s) as this Hon’ble Court may deem fit
and proper in the facts and circumstances of the
Patna High Court CWJC No.2474 of 2026 dt.02-04-2026
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present case.”
3. It is submitted by learned counsel for the petitioners
that by the order impugned communicated by Letter no.55 dated
10.1.2026 issued under the signature of the Commissioner, Nagar
Nigam, Bettiah, the map which the petitioner no.1 got sanctioned
for construction on her house has been cancelled on the ground
that she obtained sanction of the map suppressing the fact about
pendency of a case with respect to the land in question.
4. It is submitted by learned counsel for the petitioners
that Title Suit no.135 of 2003 was filed by the plaintiff Ramesh
Kumar Gupta against the vendors of the plaintiff. Subsequently
on purchase of the land in question, the petitioner was also
added as a defendant in the said suit. By order dated 25.7.2016,
the suit stood dismissed for default.
5. It is the case of the petitioners and not denied by
the respondents in their counter affidavit that it was during the
period that the suit stood dismissed that the petitioners applied
for sanction of their map for construction of their house which
was sanctioned by the Nagar Nigam, Bettiah.
6. It transpires that subsequently a Miscellaneous
Case no.7 of 2016 came to be filed by the plaintiff for
restoration of Title Suit no.135 of 2003 which stood dismissed
for default.
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7. It is the categorical assertion of the petitioners in
reference to the statement made in paragraph no.9 of the writ
application that notice was issued in the miscellaneous case to
the petitioners on 8.7.2025 and came be served on petitioner
no.1 in July, 2025. It is thus contended by learned counsel for
the petitioners that the affidavit of the petitioners on which
reliance has been placed by the respondent-Nagar Nigam,
Bettiah and which has been brought on record as Annexure-C to
the counter affidavit of respondent no.5 stating about no case
being pending with respect to the land in question having been
sworn on 21.6.2025, no incorrect statement was made therein
and could not have been made the basis for passing of the
impugned order cancelling the map sanctioned by the Nagar
Nigam, Bettiah in favour of the petitioners.
8. Though learned counsel for the respondent-Nagar
Nigam, Bettiah has tried to contest the above submission made
on behalf of the petitioners, however the facts are not in dispute.
9. In view of the facts and circumstances stated herein
above, in the opinion of the Court, the Nagar Nigam, Bettiah
erred in cancelling the sanctioned map of the petitioners which
was communicated to the petitioners by letter dated 10.1.2026
(Annexure-P/7).
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10. Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of the
case, the order impugned contained in Letter no.55 dated
10.1.2026 (Annexure-P/7) issued under the signature of the
Commissioner, Nagar Nigam, Bettiah is hereby set aside.
11. The writ application stands allowed.
(Partha Sarthy, J)
avinash/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 02.04.2026
Transmission Date
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