Patna High Court
Ramendu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Bihar Municipal Act, 2007 — s. 233(1), 319
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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