Patna High Court
Partner Shashank Shekher PrasadversusThe State of Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The High Court held that no coercive steps shall be taken against the petitioner pending the functionalisation of the Municipal Building Tribunal and any stay application, effectively staying the municipal order.
Summary
Magadh Homes, through a partner, filed a writ petition seeking mandamus to restrain the Patna Municipal Corporation from acting on Letter No.7066 dated 22‑04‑2026, to prevent any coercive action against its building, and to direct the appointment of a chairman for the Municipal Building Tribunal (MBT) which has been non‑functional due to vacancy of members. The petition also sought a stay of the municipal order dated 03‑12‑2013 in Vigilance Case No.22B/2012 pending the appeal (Appeal No.18/2014) before the MBT. The Court observed that the MBT is currently not functional but is expected to become functional soon. It directed that the appeal be decided by the MBT at the earliest, allowed the petitioner to file a separate stay application, and ordered that no coercive steps be taken against the petitioner for three months after the MBT becomes functional or until a stay is granted, whichever is later. The petition was disposed with these directions.
Issues considered
- Whether the High Court can stay the municipal order and restrain coercive action pending the appeal before a non‑functional Municipal Building Tribunal.
- Whether the Court can direct the appointment of a chairman for the Municipal Building Tribunal.
- Whether the petitioner is entitled to a writ of mandamus to keep Letter No.7066 in abeyance.
Subjects
- writ of mandamus
- stay order
- municipal building tribunal
- coercive action
- appointment of chairman
- administrative law
- pending appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6669 of 2026
======================================================
Magadh Homes through its one of Partner Shashank Shekher Prasad S/o Sri
Jagdish Prasad Resident of Flat No. - 401, 4H/36 Bahadurpur Housing
Colony, Bhoothnath Ashram Road, P.S. Agam Kuan, District- Patna - 800026.
... ... 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,
Maurya Lok, P.S- Kotwali, Patna.
5. The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok,
P.S- Kotwali, Patna.
6. The Director, Urban Scheme, Urban Development and Housing Department,
Govt. of Bihar.
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. Pankan Kumar, SC- 12
Mr. Kamlesh Kishore, AC to SC- 12
For the PMC : Mr. Prasoon Sinha, Sr. Advocate
Mr. Prabhat Kumar, Advocate
======================================================
Patna High Court CWJC No.6669 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-7066 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:- 18 of 2014; which is filed against the order
dt-03.12.2013 passed by the Ld. Municipal
Commissioner, Patna Municipal Corporation in
Vigilance Case No- 22B/2012.
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-I; bearing Appeal No: - 18/2014.
iii. For the issuance of writ in the
nature of Mandamus for directing the
Respondent No-1 to appoint the Ld. Chairman in
in the Court of Ld. Municipal Building Tribunal-
I which is vacant since March, 2026 due to
Patna High Court CWJC No.6669 of 2026(2) dt.01-05-2026
3/4
which the Appeal is pending for adjudication.
iv. For grant of any relief/reliefs,
which is fit and proper for the petitioner.”
3. It is submitted by learned counsel for the petitioner
that Vigilance Case no.22B of 2012 (Patna Municipal
Corporation vs. Royal Residency) was initiated against the
petitioner by the Patna Municipal Corporation wherein order
dated 3.12.2013 was passed. The petitioner has preferred an
appeal bearing Appeal Case no.18 of 2014 which is pending
before the Municipal Building Tribunal, Patna however the
Tribunal is not functional as per the last instructions received.
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
observations and directions :-
(i) The Appeal Case no.18 of 2014
(Magadh Homes vs. Patna Municipal Corporation
and Ors.) shall be decided by the Municipal
Patna High Court CWJC No.6669 of 2026(2) dt.01-05-2026
4/4
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 3.12.2013
passed in Vigilance Case no.22B of 2012 (Patna
Municipal Corporation vs. Royal Residency).
(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
Checking your session…