Patna High Court
Sujata SinghversusThe State of Bihar through The Principal Secretary
- Decided
- Disposal
- DISMISSED
- Bench
- GIRIJISH KUMAR
Holding
The Court held that it lacks jurisdiction to interfere with the municipal order and therefore cannot entertain the writ.
Summary
The petitioners, purchasers of flats in Dharmsheela Nandan Enclave, alleged that Vineet Homes Private Limited carried out illegal construction deviating from the approved building plan. They sought enforcement of an order dated 10 March 2026 issued by the Executive Officer of Danapur Nagar Parishad directing demolition of the illegal structures within thirty days. The petitioners also requested the court to direct the respondents to deploy police for the demolition and to condone the deviation under the Bihar Municipal Act, 2007. The High Court examined whether it could entertain the writ under Article 226 of the Constitution to enforce the municipal order. It held that the dispute is a matter of municipal and real‑estate regulation, falling outside the court's writ jurisdiction. Consequently, the writ application was disposed of, with the petitioners advised to approach the appropriate competent authority.
Issues considered
- Whether the High Court can entertain a writ under Article 226 to enforce an order of the Executive Officer, Nagar Parishad, directing demolition of alleged illegal construction.
Legislation cited
Subjects
- illegal construction
- real estate
- RERA
- Article 226
- municipal law
- demolition order
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7543 of 2026
======================================================
1. Sujata Singh Wife of Late Nand Kishore Singh, Resident of Flat No- 301,
Dharmsilla Nandan Enclave, Near Arya Samaj Mandir, R.P.S. More, P.S.-
Danapur, Patna-801503.
2. Uma Shankar Prasad Son of Sita Ram Prasad Singh, Resident of flat No-
104, Dharmsilla Nandan Enclave, Near Arya Samaj Mandir, R.P.S. More,
P.S.- Danapur, Patna-801503.
3. Amit Kumar Sinha Son of Late Devendra Prasad, Resident of Kumar
Press Malahachak, P.S.-Jehanabad, District- Jehanabad-804408,
Presently Residing at Flat-103, Dharmsilla Nandan Enclave, Near Arya
Samaj Mandir, R.P.S. More, P.S.- Danapur, Patna-801503.
4. Sanjay Kumar Son of Brij Bihari Rai, Resident of Flat No-94, Father's
Bagicha Ramji Chak, Bata Ganj, P.S.- Digha, Presently resident of Flat-302
Dharmsilla Nandan Enclave Apartment Near Arya Samaj Mandir, R.P.S.
More, P.S.- Danapur, Patna-801503.
5. Avnish Kumar Son of Ashok Kumar Singh, Resident of Majhalia Estate
Sitamarhi, District- Sitamarhi-843322, Presently Residing at Flat-304,
Dharmsilla Nandan Enclave, Near Arya Samaj Mandir, R.P.S. More, P.S.-
Danapur, Patna-801503.
6. Rajesh Kumar Son of Ramakant Pandey, Resident of Ramchandrapur in
front of Hawakhana, Juridih, Semaria, Deoghar, harkhand-814142,
Presently residing at Flat-102, Dharmsilla Nandan Enclave, Near Arya
Samaj Mandir, R.P.S. More, P.S.- Danapur, Patna- 801503
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary Urban Development
and Housing Department, Govt. of Bihar, Patna.
2. The Director, Urban Local Bodies, Urban Development and Housing
Department, Govt. of Bihar, Patna.
3. The Commissioner, Patna.
4. The Additional Collector, Law and Order, District-Patna
5. The Executive Engineer, Patliputra, Division, Patna Municipal
Corporation, Patna.
6. The Executive Officer-cum- Administration, Nagar Parisad, Danapur,
Nizamat Danapur, District-Patna.
7. The Assistant Engineer Nagar Parisad, Danapur Nizamat Danapur,
Patna.
8. The Assistant Engineer Bhusanpda Sakha, Patna Municipal Corporation,
Patna.
9. Rakesh Kumar @ Rakesh Kumar Nandan Son of Brij Nandan Prasad,
Resident of Flat-201, Dharmsilla Nandan Enclave, Near Arya Samaj
Mandir, R.P.S. More, P.S.- Danapur, Patna- 801503.
10. Mukesh Kumar @ Mukesh Kumar Nandan, Son of Brij Nandan Prasad,
Resident of Flat-401, Dharmsilla Nandan Enclave, Near Arya Samaj
Mandir, R.P.S. More, P.S.- Danapur, Patna- 801503.
Patna High Court CWJC No.7543 of 2026(2) dt.25-06-2026
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11. Sri Rakesh Chandra Malhotra Son of Late B.R. Malhotra, Resident of Flat-
45, Ganga Tower, L.C.T. Ghat, Mainpura, P.S.- Patliputra Town, District-
Patna-800001.
12. Vineet Homes Private Limited (LIN No W45200BR2004PTC010565)
Reged. Office A-90, Road No-5, Magistrate Colony, Ashiana Nagar, P.S.-
Rajiv Nagar, District-Patna-800025 through its Director Rakesh Chandra
Malhotra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivajee Singh, Adv.
For the Respondent/s : Mr. Maday Pd. Yadav, GP- 23
For the PMC : Mr. Prasoon Sinha, Adv.
Danapur Nagar Parishad : Mr. Ashok Kumar, Adv.
Mr. Bindhyachal Rai, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioners and
learned counsel for the respondents.
2. In this writ application, the petitioner has prayed
for following reliefs;
“That this is an application for issuance of
appropriate writ order or directions for enforcing the
order dated 10.03.2026 passed by Executive Officer,
Nagar Parishad, Danapur Nizamat in miscellaneous
case No. 01 of 2026 by which Respondent No. 6
(Executive Officer, Nagar Parishad Danapur) has
passed altogether seven orders directing the opposite
parties to comploy the order within thirty days
otherwise illegal conostruction will be demolished at
their own cost and further a direction is required to
be issued to respondents to demolished the illegal
constructions which has been found earlier, for which
Executive officer Danapur Nagar Parisad had issued
Patna High Court CWJC No.7543 of 2026(2) dt.25-06-2026
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letter No. 332 dated 03.02.2023 to Additional District
Magistrate law and order, Patna (Respondent No.4)
to deploy the police force (Ladies and Gents) for
removal of illegal construction in the apartment in
deviating the approved map of the building, which the
Executive Officer Danapur Nagar Parishad wants to
condone the deviation in accordance with Bihar
Municipal Act, 2007 and further to pass any other
order or orders for which the petitioners found
entitled.”
3. The petitioners happen to be the purchasers of
residential flats in Dharmsheela Nandan Enclave Apartment
which was constructed by M/s Vineet Homes Pvt. Ltd on the
lands of Brij Nandan Prasad, Srimati Dharmsheela Devi,
Rakesh Kumar and Mukesh Kumar according to the
development agreement dated 22.06.2026.
4. From perusal of the records, it transpires that the
petitioners are aggrieved by the illegal construction made by
the M/s Vineet Homes Pvt. Ltd (Construction Company) in this
society where these petitioners are the occupants in collusion
with the land owners and the M/s Vineet Homes Pvt. Ltd is
registered under the Real Estate Regulatory Authority Bihar
(RERA) and the project in question has also been registered
vide registration No. BRERAP00025-1/66/R-48/2018 by the
RERA. From perusal of the prayer made in this writ
Patna High Court CWJC No.7543 of 2026(2) dt.25-06-2026
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application, it also transpires that the petitioners are seeking
enforcement of order passed by the Executive Officer, Nagar
Parishad Danapur Nizaman in Miscellaneous Case No. 01 of
2026.
5. Taking into consideration the fact and the nature
of dispute which relates to real estate, as raised in this writ
application and also the prayer seeking enforcement of order
of the Executive Officer, Nagar Parishad Danapur Nizamat, this
Court does not find any reason to interfere with the matter in
exercise of powers conferred under Article 226 of the
Constitution of India. Therefore, it would be appropriate to
dispose of the writ application with liberty to the petitioners to
raise the grievance before the competent authority, if so
advised.
6. Accordingly, this writ application is disposed of
with the aforesaid liberty.
(Girijish Kumar, J)
brajesh/-
U
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