Patna High Court
Deepak Kumar Singh @ Deepak SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court ordered that the appeal be decided at the earliest, permitted the petitioner to seek a stay of coercive steps, and prohibited any coercive action for three months after the Tribunal becomes functional or until a stay is granted, whichever is later.
Summary
The petitioner, Deepak Kumar Singh, filed a writ petition seeking a mandamus to keep a municipal letter dated 22‑04‑2026 in abeyance, to restrain any coercive action against him and his building, and to direct the appointment of a Chairman for the Municipal Building Tribunal (MBT) which has been vacant since March 2026. The petition arises from Vigilance Case No. 246A/2015 where an order dated 14‑01‑2023 was passed against the petitioner, leading to Appeal No. 5(N) of 2023 before the MBT. The High Court noted that the MBT is not functional due to the absence of its members, though it is expected to become functional soon. The Court directed that the appeal be decided at the earliest, allowed the petitioner to file a stay application against coercive steps, and ordered that no coercive action be taken for three months after the MBT becomes functional or until a stay is granted, whichever is later. No mandamus was issued; instead, the Court gave procedural directions to protect the petitioner’s rights pending the appeal.
Issues considered
- What relief, if any, can the High Court grant to stay the municipal order and prevent coercive action against the petitioner pending the appeal before the Municipal Building Tribunal?
- Whether the Court can direct the appointment of a Chairman for the Municipal Building Tribunal to ensure the pending appeal is adjudicated expeditiously.
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.6670 of 2026
======================================================
Deepak Kumar Singh @ Deepak Singh S/o- Suresh Prasad Singh @ Tuntun
Singh, R/o- Ram Janki Mandir, Mainpura, Phulwari, P.O.- Patna G.P.O, PS-
Patliputra, Dist Patna, Bihar, Pin Code- 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,
Maurya 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.
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. Kinkar Kumar, SC- 9
For the PMC : Mr. Prasoon Sinha, Sr. Advocate
Mr. Prabhat Kumar, Advocate
======================================================
Patna High Court CWJC No.6670 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-7058 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:- 5(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- 246A/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-I; bearing Appeal No: - 5(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.6670 of 2026(2) dt.01-05-2026
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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. It is submitted by learned counsel for the petitioner
that Vigilance Case no.246A of 2015 (Patna Municipal
Corporation vs. Deepak Singh) was started by the Patna
Municipal Corporation against the petitioner wherein order
dated 14.1.2023 (Annexure-P/1) was passed against which the
petitioner preferred Appeal no.5(N) of 2023 which continues to
remain pending before the Municipal Building Tribunal-01,
Bihar, Patna, however as per the last instructions received 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
observations and directions :-
(i) The Appeal no.5(N) of 2023 (Deekap
Patna High Court CWJC No.6670 of 2026(2) dt.01-05-2026
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Kumar vs. 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.246A of 2015 (Patna
Municipal Corporation vs. Deepak Singh).
(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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