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Patna High Court

Ashok Kumar @ Ashok Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                      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-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
                                            3/4




                             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
                                                       4/4




                                 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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