Patna High Court

Shobha KumariversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: ANIL KUMAR SINHA

Holding

The Court held that the petitioner must first file a fresh representation before the Municipal Commissioner, who must then decide the matter within three months after hearing.

Summary

Shobha Kumari purchased a plot in Patna and obtained a mutation and property ID from the Patna Municipal Corporation (PMC). After paying property tax, the PMC, without her knowledge, created a joint ownership of part of her property. She filed a writ petition seeking correction of the municipal records. The PMC argued that she should first file a fresh application before the Municipal Commissioner. The Court directed the petitioner to file a fresh representation with relevant documents within two weeks and instructed the Municipal Commissioner to decide the matter within three months after hearing all parties. Accordingly, the writ petition was disposed.

Issues considered

Whether the Patna Municipal Corporation can unilaterally create joint ownership of a privately purchased property without the owner's consent.
Whether the court can directly order correction of municipal records or should direct the petitioner to approach the Municipal Commissioner.

Subjects

property mutation
municipal corporation
joint ownership
writ jurisdiction
correction of municipal records
property tax

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.390 of 2026
                 ======================================================
                 Shobha Kumari W/o Gopal Sharan Prasad Resident of Village/Mohulla -
                 Nawab Bahadur Road, New Road, P.S.- Khajekala, P.O.- Patna City Dist.-
                 Patna.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Urban Development and
                 Housing Department, Government of Bihar.
           2.    The Municipal Commissioner, Patna Municipal Corporation, Patna.
           3.    District Magistrate, Patna.
           4.    The Circle Officer, Patna City, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ranjeet Kumar Mishra, Advocate
                 For the State          :      Mr. Vidaya Laxmi Srivastava, AC to SC-23
                 For the PMC            :      Mr. Prasoon Sinha, Sr. Advocate
                                               Mr. Prabhat Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   13-01-2026                   Heard learned counsel for the parties concerned.

                                 2. The case of the petitioner is that his property

                   Khata No. 297, Plot No. 191, having an area of 1430 sq ft,

                   was purchased by the petitioner through deed no. 1202 dated

                   05.05.2020 from one Shiv Kumari Devi.

                                 3. Thereafter, mutation was done and property ID

                   was created by Patna Municipal Corporation in favour of the

                   petitioner for the portion purchased by her. The petitioner

                   started paying the property tax, but after some time, behind

                   the back of the petitioner and without her knowledge, another
Patna High Court CWJC No.390 of 2026(2) dt.13-01-2026
                                            2/3




          property ID was created in the joint ownership of part of the

          property, and joint ownership has been created on the property

          purchased by the petitioner.

                      4. The petitioner has filed an application in this

          regard for correction before the Municipal Commissioner,

          Patna, a copy of which has been annexed at Annexure-5 of

          this writ application. Learned counsel next submits that a

          fresh petition has been filed on 09.02.2024 and 23.12.2024.

                      5. Learned counsel for the PMC submits that the

          petitioner may be directed to file a fresh application before the

          Municipal Commissioner, which shall be considered by the

          Municipal Commissioner and a final decision will be taken

          within a reasonable time frame.

                      6. Considering the nature of prayer made in the writ

          application, the present writ application is disposed with

          liberty to the petitioner to file a fresh representation along

          with relevant documents before the Municipal Commissioner,

          Patna, within a period of two weeks, and if such

          representation/application              is    filed,   the   Municipal

          Commissioner is directed to dispose the same in accordance

          with law after giving the opportunity of hearing to the

          petitioner and other concerned persons within a period of
           Patna High Court CWJC No.390 of 2026(2) dt.13-01-2026
                                                       3/3




                     three     months       from       the     date   of   receipt   of   the

                     representation/application.

                                 7. With the aforesaid direction, the present writ

                     application stands disposed of.



                                              (Anil Kumar Sinha, J)
Siwani/-

U

Continue reading with your account

Checking your session…