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Patna High Court

Dharm Shila Devi @ Dharmshila DeviversusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

The High Court ordered that the appeal be decided by the Municipal Building Tribunal at the earliest, permitted the petitioner to seek a stay of coercive action, and barred any coercive steps for three months after the Tribunal becomes functional or the stay is granted, whichever is later.

Summary

Petitioner Dharm Shila Devi filed a writ petition seeking a mandamus to keep a municipal order (Letter No. 7055 dated 22‑04‑2026) in abeyance, to restrain any coercive action against her and the building, and to direct the appointment of a Chairman for the Municipal Building Tribunal (MBT) which has been non‑functional due to vacancies. The petition arose from a vigilance case (No. 243A/2015) against her deceased grandfather, resulting in an order dated 14‑01‑2023 that the petitioner claims is being enforced despite the pending appeal (Appeal No. 3(N) of 2023) before the MBT. The High Court noted that the MBT is currently not operational and that the appeal must be decided at the earliest once the Tribunal becomes functional. The Court directed that the appeal be heard promptly, allowed the petitioner to file a stay application against any coercive steps, and prohibited any coercive action for three months after the MBT becomes functional or the stay is granted, whichever is later. The petition was disposed with these directions.

Issues considered

  • The court's jurisdiction to issue a writ of mandamus directing the Municipal Commissioner to keep the municipal order in abeyance.
  • Whether coercive action against the petitioner can be restrained pending the outcome of the appeal before the non‑functional MBT.
  • The necessity and authority of the court to direct the appointment of a Chairman for the Municipal Building Tribunal.

Subjects

  • writ of mandamus
  • stay order
  • municipal building tribunal
  • coercive action
  • appointment of chairman
  • vigilance case
  • administrative law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6668 of 2026
     ======================================================
     Dharm Shila Devi @ Dharmshila Devi W/o Lal Babu Saw, R/o - Mainpura,
     Gate no. - 42, near Sati Sthan, Phulwari, P.S. - Patliputra, Distt. - Patna, Bihar,
     Pin - 800001.

                                                                ... ... Petitioner/s
                                        Versus
1.   The State of Bihar, through the Principal Secretary, Urban Development and
     Housing Department, Govt. of Bihar.
2.   The Divisional Commissioner, Patna.
3.   The District Magistrate, Patna.
4.   The Patna Municipal Corporation Through the Municipal Commissioner,
     Maury Lok, P.S. - Kotwali, Patna.
5.   The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok,
     P.S. Kotwali, Patna.
6.   The Director, Urban Scheme, Patna Municipal Corporation, Patna.
7.   The Executive Officer, Patliputra Anchal, Patna Municipal Corporation,
     Patna.
8.   The Executive Officer, Bakipur Anchal, Patna Municipal Corporation, Patna.
9.   The Executive Officer, Nutan Rajdhani Anchal, Patna Municipal
     Corporation, Patna.
10. The Executive Engineer, Electric Supply Division, Electricity Headquarters,
    Patna.
11. The Executive Engineer, Electric Supply Division, Patliputra Division.
    Patna.
12. The Executive Engineer, Electric Supply Division, Patna City Division.
    Patna.
13. The Executive Engineer, Electric Supply Division, Nutan Rajdhani Division.
    Patna.
14. The Senior Superintendent of Police, Patna.
15. The Station House Officer, Patliputra Police Station, Patna.
16. The Station House Officer, Budha Colony Police Station, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s     :      Mr. Jai Ram Singh, Advocate
                                     Mr. Keshab Raj, Advocate
     For the State            :      Mr. Vikash Kumar, SC- 11
     For the PMC              :      Mr. Prasoon Sinha, Sr. Advocate
                                     Mr. Prabhat Kumar, Advocate
     For Resp. nos. 9 to 13   :      Mr. Vaibhava Veer Shankar, Advocate
     ======================================================
         Patna High Court CWJC No.6668 of 2026(2) dt.01-05-2026
                                                      2/4




                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                    ORAL ORDER

2   01-05-2026                    Heard Mr. Jai Ram Singh, learned counsel for the

                   petitioner and Mr. Prasoon Sinha, learned Senior Counsel for

                   the Patna Municipal Corporation.

                               2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                  “i. For the issuance of writ in the
                                      nature of Mandamus for directing the Learned
                                      Municipal       Commissioner,     Patna    Municipal
                                      Corporation to keep Letter no-7055 dated
                                      22.04.2026 in abeyance till final disposal of the
                                      appeal pending before the Court of Ld.
                                      Municipal Building Tribunal-I; bearing Appeal
                                      No:- 3(N) of 2023; which is filed against the
                                      order dt-14.01.2023 passed by the Ld. Municipal
                                      Commissioner, Patna Municipal Corporation in
                                      Vigilance Case No- 243A/2015.
                                                  ii. For the issuance of writ in the
                                      nature     of    Mandamus       for   directing    the
                                      Respondent Authorities not to take any coercive
                                      action against the petitioner and the concerned
                                      building till final disposal of the appeal pending
                                      before the Court of Ld. Municipal Building
                                      Tribunal-1; bearing Appeal No: - 3(N)/2023.
                                                  iii. For issuance of an appropriate
                                      writ/order/direction directing the Respondent
                                      Authorities     to    take   expeditious   steps   for
                                      appointment of the Chairman in the Learned
                                      Municipal Building Tribunal-I, which is lying
Patna High Court CWJC No.6668 of 2026(2) dt.01-05-2026
                                            3/4




                             vacant since March, 2026, so as to ensure
                             effective adjudication of pending appeals.
                                         iv. For grant of any relief/reliefs,
                             which is fit and proper for the petitioner.”

                      3. Learned counsel for the petitioner submits that a

          vigilance case being Vigilance Case no.243A of 2015 (Patna

          Municipal Corporation vs. Bariyar Sao) was started against the

          grandfather of the petitioner wherein order dated 14.1.2023

          (Annexure-P/1) was passed. Even before the initiation of the

          said case and before passing of the said order, the grandfather of

          the petitioner had passed away long back on 26.8.1986.

          However, on coming to know about the said order, the petitioner

          has preferred Appeal no.3(N) of 2023 before the Municipal

          Building Tribunal-01, Bihar, Patna which is still pending,

          however the Tribunal is not functional.

                      4. It is stated at the Bar that the Municipal Building

          Tribunal, Patna is not functional in view of the absence of the

          members.

                      5. Mr. Prasoon Sinha, learned Senior Counsel

          appearing for the Patna Municipal Corporation submits that the

          Tribunal is expected to become functional soon.

                      6. In view of the facts and circumstances of the case,

          the writ application is disposed of with the following
           Patna High Court CWJC No.6668 of 2026(2) dt.01-05-2026
                                                       4/4




                     observations and directions :-

                                              (i)   The Appeal      no.3(N)   of   2023

                                 (Dharmshila Devi vs. The Patna Municipal

                                 Corporation and Anr.) shall be decided by the

                                 Municipal Building Tribunal, Patna at the earliest.

                                              (ii) The petitioner will be at liberty to

                                 file an application for stay of coercive steps being

                                 taken by the authorities of the Patna Municipal

                                 Corporation pursuant to the order dated 14.1.2023

                                 passed in Vigilance Case no.243A of 2015 (Patna

                                 Municipal Corporation vs. Bariyar Sao).

                                              (iii) No coercive steps shall be taken

                                 against the petitioner starting today for a period of

                                 three months after the Municipal Building

                                 Tribunal, Patna becomes functional or the petition

                                 for stay, if filed by the petitioner is decided,

                                 whichever is later.



                                                (Partha Sarthy, J)
sauravkrsinha/-

U


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