Patna High Court
Surjeet SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The writ petition was disposed of with directions that the Municipal Building Tribunal decide the appeal and that coercive steps be stayed for three months after the Tribunal becomes functional or until a stay order is granted.
Summary
Surjeet Singh filed a writ petition seeking certiorari to quash a Municipal Commissioner’s order and an Estate Officer’s letter dated 22‑04‑2026, which he alleged were issued in a vigilance case (No.113B/2024) without his being made a party or hearing him, and were being used to threaten demolition of his premises. The petitioner had a registered rent agreement with the Bihar State Handloom Weavers Cooperative Union Ltd. He also appealed to the Municipal Building Tribunal (MBT), Patna, but the tribunal was not functional. The court examined whether the writ court could intervene in the municipal order and whether a stay of coercive action was warranted. It held that the MBT should decide the appeal at the earliest and that the petitioner may seek a stay of the coercive steps. Accordingly, the court directed that no coercive action be taken for three months after the MBT becomes functional or until a stay order, whichever is later, and disposed of the writ petition.
Issues considered
- Whether the order dated 22‑04‑2026 passed by the Municipal Commissioner and the letter dated 22‑04‑2026 issued by the Estate Officer can be quashed by a writ of certiorari.
- Whether the petitioner, who was not a party to the vigilance case, is entitled to relief against coercive steps such as demolition.
- Whether the writ court should entertain the petition or defer to the Municipal Building Tribunal, given its pending functional status.
Subjects
- certiorari
- writ petition
- municipal corporation
- vigilance case
- coercive steps
- demolition threat
- Municipal Building Tribunal
- stay order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7644 of 2026
======================================================
Surjeet Singh Son of late Mehndra Singh, Resident of Balaji Residency, Flat
No. - 2C, Road No. - 07, Sakha Field, Sampatchak, P.S. - Kadamkuan,
Rajendra Nagar, Patna - 800016.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Secretary, Urban Development and Housing
Department, Govt. of Bihar, Patna.
2. The Secretary, Urban Development and Housing Department, Govt. of
Bihar, Patna.
3. The Patna Municipal Corporation Through the Municipal Commissioner,
Patna Municipal Corporation, Maurya Lok Complex, Budh Marg, Police
Station-Kotwali, District-Patna.
4. The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok
Complex, Budh Marg, Police Station- Kotwali, District-Patna.
5. The Executive Officer, Bankipur Circle, Patna Municipal Corporation,
Patna.
6. The City Manager, Bankipur Circle, Patna Municipal Corporation, Patna.
7. The Executive Engineer, Bankipur Division, Patna Municipal Corporation,
Patna.
8. The Estate Officer, Patna Municipal Corporation, Patna.
9. The Bihar State Handloom Weaver's Co-operative Union Ltd., Through its
Managing Director, Rajendra Nagar, Handloom Bhawan, Patliputra Path,
Rajendra Path, Rajendra Nagar, Patna.
10. The Managing Director, Bihar State Handloom Weaver's Co-operative
Union Ltd., Rajendra Nagar, Handloom Bhawan, Patliputra Path, Rajendra
Path, Rajendra Nagar, Patna.
11. The Deputy Chairman, Bihar State Handloom Weaver's Co-operative Union
Ltd., Rajendra Nagar, Handloom Bhawan, Patliputra Path, Rajendra Path,
Rajendra Nagar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Mr. Devashish Giri, Advocate
For the Respondent/s : Standing Counsel (07)
For the P.M.C : Mr. Prasoon Sinha, Sr. Advocate
Mr. Prabhat Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-05-2026 Heard Mr. Y.V. Giri, learned Senior counsel for the
Patna High Court CWJC No.7644 of 2026(2) dt.15-05-2026
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petitioner and Mr. Prasoon Sinha, learned Senior counsel for the
Patna Municipal Corporation.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. I. For issuance of an appropriate
writ(s)/ order(s)/ direction(s) in the nature of
CERTIORARI to quash the order dated 22.04.2026
passed by the learned Court of Municipal
Commissioner, Patna Municipal Corporation,
Patna vide memo no.-7069 dated 22.04.2026 in
Vigilance Case No.-113B/2024 (Annexure-P12,
Pg.73).
II. For issuance of an appropriate
writ(s)/ order(s)/ direction(s) in the nature of
CERTIORARI to quash the Letter No.- 7070 dated
22.04.2026 issued by the Estate Officer, Patna
Municipal Corporation, Patna. (Annexure-P13,
Pg.91).
III. For any other relief/reliefs to which
the petitioner is deemed to be entitled as per the
facts and circumstances of the case.”
3. The case of the petitioner in brief is that a rent
agreement was executed and registered on 13.3.2024 between
the Bihar State Handloom Weavers Cooperative Union Limited,
Patna through its Managing Director and the petitioner herein.
4. Pursuant to a Vigilance case no.113B of 2024
having been started by the Patna Municipal Corporation against
Patna High Court CWJC No.7644 of 2026(2) dt.15-05-2026
3/4
the aforesaid Bihar State Handloom Weavers Cooperative Union
Limited, Patna, an order dated 22.4.2026 was passed in
Vigilance Case no.113B of 2024.
5. It is submitted by learned Senior counsel appearing
for the petitioner that pursuant thereto, the respondents are
taking coercive steps against the petitioner and threatening
demolition. He further submits that the petitioner was required
to be heard. Neither he has been made a party respondent in the
aforesaid Vigilance case or any other case nor has he been heard
or any order passed against him.
6. In any case of the matter, the petitioner has
preferred an appeal before the Municipal Building Tribunal,
Patna, which has been registered as Appeal no. 5 (S) of 2026
(Surjeet Singh vs. The Patna Municipal Corporation & Ors.).
7. It is stated at the Bar that the Municipal Building
Tribunal, Patna is not functional in view of the absence of the
members.
8. Mr. Prasoon Sinha, learned Senior Counsel
appearing for the Patna Municipal Corporation submits that the
Tribunal is expected to become functional soon.
9. In view of the facts and circumstances of the case,
the writ application is disposed of with the following
Patna High Court CWJC No.7644 of 2026(2) dt.15-05-2026
4/4
observations and directions :-
(i) The Appeal no. 5 (S) of 2026 (Surjeet
Singh vs. The Patna Municipal Corporation &
Ors.) 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 22.4.2026
passed in Vigilance Case no.113B of 2024.
(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)
Shiv/-
U
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