Patna High Court
The Jai Prakash University, Chappra through its RegistrarversusShashi Kant
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was disposed without granting the writ of mandamus for demolition.
Summary
Ramendu Kumar filed a petition seeking a writ of mandamus directing the State of Bihar and the Patna Municipal Commissioner to demolish a building constructed by a private party without the mandatory approved building plan, invoking sections 233(1) and 319 of the Bihar Municipal Act, 2007. The Municipal Commissioner had earlier issued a memo stating that the construction was based on a sanctioned map. The Court allowed the petitioner to raise any further grievances but ultimately disposed of the petition without granting the relief sought. No substantive order for demolition was made. The matter was therefore left without a mandamus or any other direction to the respondents.
Issues considered
- Whether the building constructed without an approved plan can be ordered demolished under section 233(1) of the Bihar Municipal Act, 2007 after a vigilance case under section 319.
- Whether the Municipal Commissioner’s memo based on a sanctioned map validates the construction and defeats the petitioner's claim.
Legislation cited
- Bihar Municipal Act, 2007 — s. 233(1), 319
Subjects
- municipal law
- writ of mandamus
- demolition
- building plan approval
- vigilance case
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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