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Patna High Court

Ramendu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court did not grant the writ of mandamus and disposed of the petition without ordering demolition.

Summary

The petitioner, Ramendu Kumar, filed a writ petition seeking a mandamus directing the State of Bihar and the Patna Municipal Commissioner to demolish a building allegedly constructed without the mandatory approved plan under Section 233(1) of the Bihar Municipal Act, 2007, after a vigilance case under Section 319 was initiated. The Municipal Commissioner, through Memo No. 533 dated 07.01.2026, contended that the construction was based on a sanctioned map and therefore lawful. The Court examined whether the petitioner was entitled to a demolition order and whether mandamus was the appropriate remedy. After hearing the parties, the Court granted the petitioner liberty to raise any further grievances but ultimately disposed of the petition without granting the relief sought. Consequently, the petition was dismissed and no demolition order was issued.

Issues considered

  • Whether the building constructed without an approved plan can be ordered demolished under Section 233(1) of the Bihar Municipal Act, 2007.
  • Whether a writ of mandamus is the appropriate remedy to compel demolition.
  • Whether the Municipal Commissioner's finding that the construction was based on a sanctioned map defeats the petitioner's claim.

Legislation cited

Subjects

  • mandamus
  • municipal law
  • building demolition
  • Bihar Municipal Act
  • writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3275 of 2025
                                                       In
                               Civil Writ Jurisdiction Case No.12286 of 2024
                 ======================================================
                 Ramendu Kumar Son of Late Banketeshwar Prasad Singh, resident of village
                 Chintamanichak, P.S.- Mokama, Patna- 803302 at present residing at Mohalla
                 Mainpura, P.S. Patliputra, Patna- 800001.

                                                                               ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    Shri Animesh Kumar Parashar father's name not known, Commissioner,
                 Patna Municipal Corporation, Maurya Lok, C-Block, 2nd Floor, Patna -
                 800001.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shambhu Shankar Thakur, Advocate
                 For the Opposite Party/s :        Dr. Md. Raisul Haque, SC-10
                 For the PMC              :        Mr. Prabhakar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   09-01-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for issuance of a writ of mandamus or

                                              any other appropriate writ/order/direction

                                              commanding the Respondents to demolish

                                              the building built by Resp. No. 4. U/S 233(1)

                                              of Bihar Municipal Act, 2007, hereinafter

                                              referred to as "Act", after initiation of

                                              Vigilence Case U/S 319 of the "Act" as the

                                              same is built without mandatory approved of
         Patna High Court MJC No.3275 of 2025(3) dt.09-01-2026
                                                     2/2




                                           building plan by Resp. No. 1, the Patna

                                           Municipal Corporation.".

                                3. Mr. Prabhakar Singh, learned counsel for the Patna

                   Municipal Corporation has taken this Court to the show cause

                   filed on behalf of opposite party nos. 01 and 02 to show that the

                   order has been passed by the Municipal Commissioner vide

                   memo no. 533 dated 07.01.2026 holding that the construction

                   has been made by the private opposite party on the basis of

                   sanctioned map.

                                4. Granting liberty to the petitioner to agitate the

                   matter, if still has some grievances, the MJC No. 3275 of 2025

                   is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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