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Patna High Court

Amit KumarversusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

The writ petition does not survive the appointment of members to the Municipal Building Tribunal and is therefore disposed of, with the Tribunal directed to dispose of the pending appeal within eight weeks.

Summary

The petitioners, a group of eight residents, filed a writ petition challenging the appointment of members to the Municipal Building Tribunal, Patna, arguing that the cause of their petition no longer survived. The respondents, including the State of Bihar, Patna Municipal Corporation, the Presiding Officer of the Tribunal, and a private builder, opposed the petition. The Court examined whether the appointment rendered the writ petition infructuous and whether the petition should be dismissed. Justice A. Abhishek Reddy held that the petition does not survive the appointment and ordered the Tribunal to dispose of Appeal No. 9(N) of 2026 within eight weeks. The Court further permitted the petitioner to file an interlocutory application for a stay of the impugned order, thereby disposing of the writ petition.

Issues considered

  • Does the appointment of members to the Municipal Building Tribunal render the pending writ petition infructuous?
  • Whether the High Court retains jurisdiction to entertain the writ petition after such appointment?
  • Appropriate relief, if any, for the petitioner pending disposal of the appeal before the Tribunal.

Subjects

  • Municipal Building Tribunal
  • writ petition
  • appointment of members
  • jurisdiction
  • interlocutory application
  • stay order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6647 of 2026
     ======================================================
1.    Amit Kumar S/o Hari Shankar Prasad, Resident of Registry Office Patna
      Collectorate Phulwari, Patna at Present resident of Flat No-203, Bhagirath
      Residency, Near Kurji Pul, Hamid Pur, P.S.-Digha, Patna-80001.
2.   Bipul Kumar S/o Narendra Sharma, Resident of Flat No-202, Bhagirath
     Residency, Near Kurji Pul, Hamid Pur, P.S.-Digha, Patna.
3.   David Benjamin S/o John Benjamin, Resident of Flat No-103, Bhagirath
     Residency, Near Kurji Pul, Hamid Pur, P.O- Sadaquat Ashram, P.S.-Digha,
     Patna.
4.   Karamchand Paswan S/o Lakshmi Paswan, resident of Flat No-201,
     Bhagirath Residency, Gate No-79, Hamid Pur Kurji, P.o.-Sadaquat Ashram,
     P.S.-Digha, Patna.
5.   Randhir Kumar S/o Vishnu Deo Mahto, Resident of Flat No-302, Bhagirath
     Residency, Mauza-Digha, Hamid Pur Kurji, Near Kurji Pul,P.O- Sadakat
     ashramP.S.-Digha, Patna.
6.   Pankhrashya Kujur D/o Shilash Kujur, Resident of Flat No-101, Bhagirath
     Residency, Kurji, Hamid Pur,P.O- Sadaquat Ashram, P.S.-Digha, Distt-
     Patna.
7.   Ramesh Kumar S/o KLaxmi Narayan, Resident of Flat No-102, Bhagirath
     Residency, Kurji, Hamid Pur, P.O- Sadaquat Ashram, P.S.-Digha, Distt-
     Patna.
8.   Anita Jamuda W/o Late Stephen Jamuda, D/o Shashi Bhushan Matheus,
     Resident of Flat No-301, Bhagirath Residency, Kurji, Hamid Pur,P.O-
     Sadaquat Ashram, P.S.-Digha, Distt- Patna.

                                                               ... ... Petitioner/s
                                      Versus
1.   The State of Bihar, Through the Principal Secretary, Nagar Vikas and Awas
     Vibhag, Government of Bihar, Patna.
2.   The Patna Municipal Corporation Through its Municipal Commissioner,
     Office situated at II nd block, Maurya Lok complex, Dak Bunglow Road,
     P.S. - Kotwali, District- Patna.
3.   The Presiding Officer, Municipal Building Tribunal, Patna.
4.   M/s Shubham Builders, Office at Nehru Nagar, P.O. and P.S. Patliputra,
     Patna - 800013, through its Partner Sri Rajkishore Singh, S/o late Bhagirath
     Singh, resident of Nehru Nagar, P.O. and P.S. - Patliputra, Patna - 800013.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Nishant Kumar Sinha, Adv/
     For the Respondent/s   :      Mr.Standing Counsel (04)
     For the PMC                   Mr. Prasoon Sinha, Sr. Adv.
                                   Mr. Prabhat Kr., Adv.
     For the Private Respondent    Mr. Jai Ram Singh, Adv.
                                   Mr. Kesab Raj, Adv.
             Patna High Court CWJC No.6647 of 2026(4) dt.13-07-2026
                                                         2/2




                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                          ORAL ORDER

4    13-07-2026                         Learned counsel appearing on behalf of the

                       petitioner submits that the Government of Bihar has appointed

                       the members for the Municipal Building Tribunal, Patna vide

                       order dated 01.07.2026 and therefore the cause in the present

                       writ petition does not survive.

                                   2. Having regard to the above made submission, the

                       present writ petition is disposed of directing the Municipal

                       Building Tribunal, Patna to dispose of the Appeal No. 9(N) of

                       2026 as expeditiously as possibly preferably within a period of 8

                       weeks from the date of receipt of a copy of this order.

                                   3. With the above direction, the present writ petition

                       stands disposed of.

                                   4. In case, the petitioner is so advised, he is free to file

                       an Interlocutory Application seeking stay of the impugned order

                       and the Municipal Building Tribunal, Patna shall pass necessary

                       order on the said application in accordance with law.



                                                                      (A. Abhishek Reddy , J)
Bhardwaj/-

U


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