Ashok Kumar @ Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6673 of 2026 ====================================================== Ashok Kumar @ Ashok Kumar Singh S/o Yadunandan Prasad Sinha, R/oNear Sati Sthan, Mainpura, Patna, Dist-Patna GPO, Bihar, Pin-800001. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Dist- Patna, Bihar. 2.

The Divisional Commissioner, Patna.

3.

The District Magistrate, Patna.

4.

The Patna Municipal Corporation Through the Municipal Commissioner, Maurya Lok, P.S- Kotwali, Patna.

5.

The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok, P.S- Kotwali, Patna.

6.

The Director, Urban Scheme, Patna Municipal Corporation. 7.

The Executive Officer, Patliputra Anchal, Patna Municipal Corporation, Patna.

8.

The Executive Officer, Bakipur Anchal, Patna Municipal Corporation, Patna. 9.

The Executive Officer, Nutan Rajdhani Anchal, Patna Municipal Corporation, Patna.

10.

The Executive Engineer, Electric Supply Division, Electricity Headquarters, Patna.

11.

The Executive Engineer, Electric Supply Division, Patliputra Division, Patna.

12.

The Executive Engineer, Electric Supply Division, Patna City Division, Patna.

13.

The Executive Engineer, Electric Supply Division, Nutan Rajdhani Division, Patna.

14.

The Senior Superintendent of Police, Patna.

15.

The Station House Officer, Patliputra Police Station, Patna. 16.

The Station House Officer, Budha Colony Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Ram Singh, Advocate Mr. Keshab Raj, Advocate For the State :

Mr. Standing Counsel (15) For the PMC :

Mr. Prasoon Sinha, Sr. Advocate Mr. Prabhat Kumr, Advocate For Resp. nos.9 to 13 :

Mr. Vaibhava Veer Shankar, Advocate ======================================================

2/4 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-05-2026 Heard Mr. Jai Ram Singh, learned counsel for the petitioner and Mr. Prasoon Sinha, learned Senior Counsel for the Patna Municipal Corporation.

2. The petitioner has filed the instant application for the following reliefs :- "i. For the issuance of writ in the nature of Mandamus for directing the Learned Municipal Commissioner, Patna Municipal Corporation to keep Letter no-7056 dated 22.04.2026 in abeyance till final disposal of the appeal pending before the Court of Ld.

Municipal Building Tribunal-I; bearing Appeal No:- 2(N) of 2023; which is filed against the order dt-14.01.2023 passed by the Ld. Municipal Commissioner, Patna Municipal Corporation in Vigilance Case No-244A/2015.

ii. For the issuance of writ in the nature of Mandamus for directing the Respondent Authorities not to take any coercive action against the petitioner and the concerned building till final disposal of the appeal pending before the Court of Ld. Municipal Building Tribunal-I; bearing Appeal No: 2(N)/2023.

iii. For issuance of an appropriate writ/order/direction directing the Respondent Authorities to take expeditious steps for appointment of the Chairman in the Learned Municipal Building Tribunal-I, which is lying

3/4 vacant since March, 2026, so as to ensure effective adjudication of pending appeals.

iv. For grant of any relief/reliefs, which is fit and proper for the petitioner."

3. It is submitted by learned counsel for the petitioner that Vigilance Case no.244A of 2015 (Patna Municipal Corporation vs. Ashok Kumar Singh and Ors.) was started by the Patna Municipal Corporation against the petitioner wherein final order dated 14.1.2023 (Annexure-P/1) was passed. The petitioner has preferred Appeal no.2(N) of 2023 against the said order before the Municipal Building Tribunal-01, Bihar, Patna. The appeal is still pending however the Tribunal is not functional.

4. It is stated at the Bar that the Municipal Building Tribunal, Patna is not functional in view of the absence of the members.

5. Mr. Prasoon Sinha, learned Senior Counsel appearing for the Patna Municipal Corporation submits that the Tribunal is expected to become functional soon.

6. In view of the facts and circumstances of the case, the writ application is disposed of with the following observations and directions :- (i) The Appeal no.2(N) of 2023 (Ashok

4/4 Kumar Singh @ Ashok Kumar vs. The Patna Municipal Corporation and Anr.) 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 14.1.2023 passed in Vigilance Case no.244A of 2015 (Patna Municipal Corporation vs. Ashok Kumar Singh and Ors.).

(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) sauravkrsinha/- U