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Patna High Court

Shahnaz YunusversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition must be pursued through the statutory appeal under Section 323(3) of the Bihar Municipal Act, 2007, and the writ petition is dismissed.

Summary

Shahnaz Yunus filed a writ petition challenging an order dated 17‑02‑2026 issued by the Municipal Commissioner of Patna Municipal Corporation that directed the sealing of her under‑construction residential house under Section 324(4) of the Bihar Municipal Act, 2007. She sought certiorari, mandamus and a restraining order to prevent any coercive action. The corporation contended that the petitioner had an alternative statutory remedy – an appeal to the Municipal Building Tribunal under Section 323(3) of the same Act. The High Court held that the existence of this specific appeal route barred the writ petition and directed the petitioner to file the appeal within the prescribed period. The court also stayed any sealing or demolition action until 26‑03‑2026 or until disposal of any interim prayer, whichever is earlier.

Issues considered

  • What is the appropriate remedy for a person aggrieved by a sealing order issued under Section 324(4) of the Bihar Municipal Act, 2007?
  • Does the availability of an appeal under Section 323(3) of the Bihar Municipal Act, 2007 preclude the filing of a writ petition in the High Court?
  • Whether the sealing order is illegal, arbitrary and beyond the jurisdiction of the Municipal Commissioner?

Legislation cited

Subjects

  • writ jurisdiction
  • certiorari
  • mandamus
  • municipal law
  • sealing order
  • alternative statutory remedy
  • appeal to Municipal Building Tribunal
  • Bihar Municipal Act
  • stay of execution
  • residential property

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.4040 of 2026
     ======================================================
     Shahnaz Yunus W/o- Late Md. Yasub Yunus, R/o- Yunus Compound, S.P.
     Verma Road, P.S.- Kotwali, District- Patna, Bihar- 800001.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Principal Secretary, Urban Development and
     Housing Department, Government of Bihar, Patna.
2.   Patna Municipal Corporation, through its Municipal Commissioner, Patna.
3.   The Municipal Commissioner, Patna Municipal Corporation, Patna.
4.   The Executive Officer, New Capital Circle, Patna Municipal Corporation,
     Patna.
5.   The Executive Engineer, New Capital Circle, Patna Municipal Corporation,
     Patna.
6.   The Assistant Engineer / Junior Engineer, New Capital Circle, Patna
     Municipal Corporation, Patna.
7.   The Senior Superintendent of Police, Patna.
8.   Yasmin Bano, W/o Late Md. Yusuf Yunus, R/o- Yunus Compound, S.P.
     Verma Road, P.S.- Kotwali, District- Patna, Bihar- 800001.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :      Mr. Anshul Aryan, Advocate
                                    Mr. Harsh Kumar, Advocate
                                    Mr. Priyanka Singh, Advocate
     For the State           :      Mr. Ajay, GA- 5
     For the PMC             :      Mr. Prasoon Sinha, Sr. Advocate
                                    Mr. Prabhat Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
     ORAL JUDGMENT

     Date : 18-03-2026

                       Heard learned counsel for the petitioner and learned

      Senior counsel for the respondent Patna Municipal Corporation.

                       2. The petitioner has filed the instant application for

      the following reliefs:

                                            “1. A. For issuance of an
                                    appropriate writ in the nature of
Patna High Court CWJC No.4040 of 2026 dt.18-03-2026
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                                         Certiorari or any other appropriate
                                         writ/s, order/s, direction/s:
                                                         i. For quashing and setting
                                               aside the order dated 17.02.2026
                                               passed           by    the    Municipal
                                               Commissioner, Patna Municipal
                                               Corporation in Vigilance Case
                                               No. 86B/2025, whereby coercive
                                               directions of sealing the property
                                               of the petitioner have been issued
                                               against the residential house of
                                               the      petitioner     purportedly    in
                                               exercise of powers under Section
                                               324(4) of the Bihar Municipal
                                               Act, 2007 and for declaring the
                                               said order to be illegal, arbitrary
                                               and without jurisdiction.
                                                 B. A writ in the nature of
                                         Mandamus or any other appropriate
                                         writ/s, order/s, direction/s:
                                                          i.         Directing       the
                                                 Respondent authorities not to
                                                 take      any       coercive    action
                                                 pursuant to or in furtherance of
                                                 the     aforesaid       order   dated
                                                 17.02.2026 passed in Vigilance
                                                 Case No. 86B/2025.
                                                          ii.        Directing       the
                                                 Respondents to conduct proper
                                                 measurement and verification of
Patna High Court CWJC No.4040 of 2026 dt.18-03-2026
                                           3/5




                                                 the petitioner's building after
                                                 giving     due      notice   to   the
                                                 petitioner and in her presence.
                                                  C.      For      issuance   of   an
                                         appropriate writ, order or direction
                                         restraining the Respondents from
                                         sealing, demolishing or otherwise
                                         interfering        with      the     peaceful
                                         possession of the petitioner over the
                                         residential house situated at Yunus
                                         Campus near Sukriti Apartment, S.P.
                                         Verma Road, Patna during pendency
                                         of the present writ petition.
                                                  D. For any other relief(s) as
                                         this Hon'ble Court may deem fit and
                                         proper in the facts and circumstances
                                         of the.”

                         3. The order under challenge brought on record as

         Annexure-7 series to the supplementary affidavit filed on behalf

         of the petitioner is the order dated 17.2.2026 passed by the

         Municipal Commissioner, Patna Municipal Corporation, Patna

         directing the sealing of the under construction building within

         24 hours with the assistance of the administration and the local

         police station. It has further been directed that a report with

         respect to the steps having been taken be submitted.

                         4. At the outset, learned Senior counsel appearing
Patna High Court CWJC No.4040 of 2026 dt.18-03-2026
                                           4/5




         for the Patna Municipal Corporation submits that the petitioner

         has an alternative and efficacious remedy of filing an appeal

         before the Municipal Building Tribunal under section 323(3) of

         the Bihar Municipal Act, 2007.

                         5. Section 323(3) of the Bihar Municipal Act, 2007

         is reproduced herein below for ready reference:

                                                  “323. Order of demolition and
                                         stoppage of buildings or works in
                                         certain cases and appeal.
                                                  (3) Any person aggrieved by an
                                         order of the Chief Municipal Officer
                                         under sub-section (1) may, within
                                         thirty days from the date of the order,
                                         prefer an appeal against the order to
                                         the     Municipal   Building   Tribunal
                                         appointed under section 329.”

                         6. Having heard learned counsel for the parties and

         taking into consideration the submissions made specially the

         alternate remedy available under section 323(3) of the Act, as

         noted herein above, the instant application is disposed of

         directing the petitioner to file an appeal as per the provision

         under the Act.

                         7. The appeal shall be filed by the petitioner on or

         before 23.3.2026.

                         8. In case the prayer for interim order is made by
             Patna High Court CWJC No.4040 of 2026 dt.18-03-2026
                                                        5/5




                      the petitioner, the same shall be decided by the Tribunal in

                      accordance with law at the earliest.

                                      9. In view of the fact that the building in question

                      happens to be the residential house of the petitioner, no coercive

                      steps shall be taken by the                  Patna Municipal Corporation

                      pursuant to the order dated 17.2.2026 passed by the Municipal

                      Commissioner,         Patna     Municipal        Corporation,   Patna   till

                      26.3.2026 or till disposal of the application for interim prayer, if

                      made by the petitioner, whichever is earlier.




                                                  (Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.3.2026
Transmission Date       NA


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