Patna High Court
Ashok Kumar @ Ashok Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court declined to issue a blanket mandamus but directed that the appeal be decided promptly, allowed the petitioner to seek a stay, 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, Ashok Kumar Singh, filed a writ petition seeking a mandamus to keep a municipal letter dated 22‑04‑2026 in abeyance, restrain coercive action against him and his building, and direct the appointment of a Chairman for the Municipal Building Tribunal, which has been non‑functional since March 2026. The petition arose from a vigilance case (No. 244A/2015) where a 14‑Jan‑2023 order was appealed before the Municipal Building Tribunal, but the Tribunal remains inactive due to lack of members. The court noted the Tribunal’s expected revival and, instead of granting a blanket mandamus, directed that the pending appeal be decided at the earliest and that the petitioner may seek a stay of coercive steps. It further ordered that no coercive action be taken for three months after the Tribunal becomes functional or until a stay is granted, whichever is later. The writ application was disposed with these specific directions.
Issues considered
- Whether a writ of mandamus can be issued to keep Letter No‑7056 dated 22‑04‑2026 in abeyance pending appeal.
- Whether the authorities can be restrained from taking coercive action against the petitioner and his building pending the appeal.
- Whether the court can direct the appointment of a Chairman for the vacant Municipal Building Tribunal.
- Whether the petitioner is entitled to a stay of the coercive steps pending the Tribunal’s functioning.
Subjects
- mandamus
- stay of execution
- coercive action
- Municipal Building Tribunal
- appointment of chairman
- administrative law
- pending appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6673 of 2026
======================================================
Ashok Kumar @ Ashok Kumar Singh S/o Yadunandan Prasad Sinha, R/o-
Near Sati Sthan, Mainpura, Patna, Dist-Patna GPO, Bihar, Pin-800001.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Urban Development and
Housing Department, Govt. of Bihar, Dist- Patna, 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 (15)
For the PMC : Mr. Prasoon Sinha, Sr. Advocate
Mr. Prabhat Kumr, Advocate
For Resp. nos.9 to 13 : Mr. Vaibhava Veer Shankar, Advocate
======================================================
Patna High Court CWJC No.6673 of 2026(2) dt.01-05-2026
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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-7056 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:- 2(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-244A/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: 2(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.6673 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.244A of 2015 (Patna Municipal
Corporation vs. Ashok Kumar Singh and Ors.) was started by
the Patna Municipal Corporation against the petitioner wherein
final order dated 14.1.2023 (Annexure-P/1) was passed. The
petitioner has preferred Appeal no.2(N) of 2023 against the said
order before the Municipal Building Tribunal-01, Bihar, Patna.
The appeal 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
observations and directions :-
(i) The Appeal no.2(N) of 2023 (Ashok
Patna High Court CWJC No.6673 of 2026(2) dt.01-05-2026
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Kumar Singh @ Ashok Kumar 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.244A of 2015 (Patna
Municipal Corporation vs. Ashok Kumar Singh
and Ors.).
(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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