Surjeet Singh v. The State Of Bihar

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 15-05-2026 Heard Mr. Y.V. Giri, learned Senior counsel for the

2/4 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

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

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