Patna High Court
Sunita KumariversusThe State of Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court ordered that no coercive steps be taken against the petitioner for three months after the Municipal Building Tribunal becomes functional or a stay is granted, and directed that the pending appeal be decided at the earliest, effectively granting the relief sought.
Summary
Sunita Kumari filed a writ petition seeking a mandamus to keep Letter No‑7057 dated 22‑04‑2026 in abeyance, to restrain the Patna Municipal Corporation from taking coercive action against her and her building, and to direct the appointment of a Chairman for the Municipal Building Tribunal (MBT) which has been non‑functional. The petition arose from Vigilance Case No.245A/2015 where an order dated 14‑01‑2023 was passed against her, and she has appealed (Appeal No.4(N) of 2023) before the MBT, which cannot hear the appeal due to the vacancy of its members. The High Court observed that the MBT is expected to become functional soon and issued directions that the appeal be decided at the earliest, that the petitioner may seek a stay of the coercive order, and that no coercive steps be taken against her for three months after the MBT becomes functional or a stay is granted, whichever is later. The court thereby disposed of the writ petition with the reliefs sought.
Issues considered
- Whether the High Court can issue a mandamus directing the Municipal Commissioner to keep a specific letter in abeyance pending appeal.
- Whether the court can restrain the municipal authorities from taking coercive action against the petitioner pending the resolution of the appeal.
- Whether the court can direct the appointment of a Chairman for the Municipal Building Tribunal to ensure its functionality.
- Whether a stay of the order dated 14‑01‑2023 can be granted pending the tribunal becoming functional.
Subjects
- Mandamus
- stay of execution
- Municipal Building Tribunal
- coercive action
- appointment of chairman
- administrative law
- high court writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6671 of 2026
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Sunita Kumari D/o Kapil Dev Singh, R/o - Gate no. - 47, Mainpura, Patna,
P.S. - Patliputra, P.O. - Patna GPO, 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,
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. Standing Counsel (10)
For the PMC : Mr. Prasoon Sinha, Sr. Advocate
Mr. Prabhat Kumar, Advocate
For Resp. nos.10 to 13 : Mr. Deepak Kumar, Advocate
======================================================
Patna High Court CWJC No.6671 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-7057 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:- 4(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- 245A/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: 4(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-1, which is lying
Patna High Court CWJC No.6671 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.245A of 2015 (Patna Municipal
Corporation vs. Smt. Sunita Kumari) 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 has preferred Appeal no.4(N) of 2023 which is
pending before the Municipal Building Tribunal-01, Bihar,
Patna 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
observations and directions :-
(i) The Appeal no.4(N) of 2023 (Sunita
Kumari vs. The Patna Municipal Corporation and
Patna High Court CWJC No.6671 of 2026(2) dt.01-05-2026
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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.245A of 2015 (Patna
Municipal Corporation vs. Smt. Sunita Kumari).
(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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