Patna High Court
BarodaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- A ABHISHEK REDDY
Holding
The petition is dismissed as infructuous because the demand for deposit was later omitted, leaving no live cause of action.
Summary
Bank of Baroda filed a writ petition seeking a certiorari to set aside an order dated 08.01.2022 issued by the Patna Municipal Commissioner, which directed the bank to deposit Rs. 2,78,13,960 for mutation of certain shop properties in the Maurya Lok Complex. The respondents, including the State of Bihar and the Patna Municipal Corporation, countered that a later letter dated 02.02.2026 omitted the demand for the said amount. The court examined whether the earlier demand remained enforceable and whether the petition retained any cause of action. Finding that the demand had been withdrawn, the court held that the petition no longer had a live issue. Consequently, the writ petition was dismissed as infructuous, with the court indicating that any fresh demand could be challenged through appropriate legal remedies.
Issues considered
- Whether the order dated 08.01.2022 directing the bank to deposit Rs. 2,78,13,960 for mutation can be set aside by a writ of certiorari.
- Whether the petition becomes infructuous due to the subsequent omission of the demand in the later letter dated 02.02.2026.
Subjects
- mutation of property
- writ of certiorari
- municipal corporation
- bank
- civil writ jurisdiction
- infructuous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4020 of 2023
======================================================
Bank of Baroda through the Chief Manager Branch head Mourya Lok Branch
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Housing Development
and Urban Department.
2. The Commissioner, Municipal Corporation, Patna.
3. The Land Equation Officer Patna Municipal Corporation District Patna.
4. The Executive Officer Patna Municipal Corporation District Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate.
Mr. Surendra Kumar Mishra, Advocate.
For the Respondent/s : Mr. Subhash Prasad Singh ( GA 3 ) with
Mr. Dilip Kumar, AC to GA 3.
For the PMC : Mr. Prasoon Sinha, Senior Advocate with
Mr. Prabhat Kumar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
7 09-02-2026 Heard learned counsel for the parties.
2. The present Writ Petition has been filed for the
following reliefs:-
“….for issuance of Writ of
Certiorari, thereby seeking direction to
set aside the impugned order dated
08.01.2022 issued by the Commissioner,
Municipal Corporation, Patna,
Respondent No. 2 herein thereby the
petitioner was directed to deposit an
amount of Rs. 2,78,13,960/- (Rupees Two
Crore Seventy Eight Lacs Thirteen
Thousand Nine Hundred and Sixty only)
Patna High Court CWJC No.4020 of 2023(7) dt.09-02-2026
2/3
for mutation of the property being Shop
16 to 21 and 18 to 32 in Block-A Mourya
Lok Complex, Ward No. 2, Circle No. 6,
New Dak Banglow Road, Patna-80001.
3. In the counter affidavit filed by the Respondent
Nos. 2 to 4 i.e. Patna Municipal Corporation Limited at
paragraph 2 and 3, it is specifically stated as under:-
“2. That the writ petition under
reply has been filed for issuance of a writ
of certiorari for setting aside the
impugned order dated 08.01.2022,
contained in letter No. 489 issued under
the signature of the Municipal
Commissioner, PMC, addressed to the
Managing Director, Dena Bank (after
amalgamation Bank of Baroda), Maurya
Lok Complex, Patna directing the
petitioner to deposit an amount of Rs.
2,78,13,960/- (Rupees Two Crore Seventy
Eight Lakh Thirteen Thousand Nine
Hundred and Sixty only) for mutation of
the property in question i.e. Shop Nos. 16
to 21 and 18 to 32 situated at Block No.
A Maurya Lok Complex, New
Dakbunglow Road, Patna.
3. That it is humbly stated that
the demand of Rs. 2,78,13,960/- (Rupees
Two Crore Seventy Eight Lakh Thirteen
Thousand Nine Hundred and Sixty only)
raised by the PMC by letter No. 489
dated 08.01.2022 addressed to the
Managing Director, Dena Bank (After
amalgamation Bank of Baroda), Maurya
Lok Complex, Patna for mutation of the
property in question i.e. Shop Nos. 16 to
21 and 18 to 32 situated at Block No. A,
Patna High Court CWJC No.4020 of 2023(7) dt.09-02-2026
3/3
Maurya Lok Complex, New Dakbunglow
Road, Patna, has been omitted by the
letter No. 2363 dated 02.02.2026 issued
under the signature of the Municipal
Commissioner, PMC.”
4. Having regard to the same, the cause in the present
writ petition does not survive and the present writ petition is
dismissed as infructuous. In case, any fresh demand is made, the
petitioner is free to avail the remedies as available under law.
(A. Abhishek Reddy, J)
shakir/-
U
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