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Patna High Court

Partner Shashank Shekher PrasadversusThe State of Bihar,

Decided
Disposal
DISPOSED

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


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