Patna High Court
Shahnaz Yunus vs The State Of Bihar on 18 March, 2026
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4040 of 2026
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Shahnaz Yunus W/o- Late Md. Yasub Yunus, R/o- Yunus Compound, S.P.
Verma Road, P.S.- Kotwali, District- Patna, Bihar- 800001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Government of Bihar, Patna.
2. Patna Municipal Corporation, through its Municipal Commissioner, Patna.
3. The Municipal Commissioner, Patna Municipal Corporation, Patna.
4. The Executive Officer, New Capital Circle, Patna Municipal Corporation,
Patna.
5. The Executive Engineer, New Capital Circle, Patna Municipal Corporation,
Patna.
6. The Assistant Engineer / Junior Engineer, New Capital Circle, Patna
Municipal Corporation, Patna.
7. The Senior Superintendent of Police, Patna.
8. Yasmin Bano, W/o Late Md. Yusuf Yunus, R/o- Yunus Compound, S.P.
Verma Road, P.S.- Kotwali, District- Patna, Bihar- 800001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anshul Aryan, Advocate
Mr. Harsh Kumar, Advocate
Mr. Priyanka Singh, Advocate
For the State : Mr. Ajay, GA- 5
For the PMC : Mr. Prasoon Sinha, Sr. Advocate
Mr. Prabhat Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 18-03-2026
Heard learned counsel for the petitioner and learned
Senior counsel for the respondent Patna Municipal Corporation.
2. The petitioner has filed the instant application for
the following reliefs:
"1. A. For issuance of an
appropriate writ in the nature of
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Certiorari or any other appropriate
writ/s, order/s, direction/s:
i. For quashing and setting
aside the order dated 17.02.2026
passed by the Municipal
Commissioner, Patna Municipal
Corporation in Vigilance Case
No. 86B/2025, whereby coercive
directions of sealing the property
of the petitioner have been issued
against the residential house of
the petitioner purportedly in
exercise of powers under Section
324(4) of the Bihar Municipal
Act, 2007 and for declaring the
said order to be illegal, arbitrary
and without jurisdiction.
B. A writ in the nature of
Mandamus or any other appropriate
writ/s, order/s, direction/s:
i. Directing the
Respondent authorities not to
take any coercive action
pursuant to or in furtherance of
the aforesaid order dated
17.02.2026
passed in Vigilance
Case No. 86B/2025.
ii. Directing the
Respondents to conduct proper
measurement and verification of
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the petitioner’s building after
giving due notice to the
petitioner and in her presence.
C. For issuance of an
appropriate writ, order or direction
restraining the Respondents from
sealing, demolishing or otherwise
interfering with the peaceful
possession of the petitioner over the
residential house situated at Yunus
Campus near Sukriti Apartment, S.P.
Verma Road, Patna during pendency
of the present writ petition.
D. For any other relief(s) as
this Hon’ble Court may deem fit and
proper in the facts and circumstances
of the.”
3. The order under challenge brought on record as
Annexure-7 series to the supplementary affidavit filed on behalf
of the petitioner is the order dated 17.2.2026 passed by the
Municipal Commissioner, Patna Municipal Corporation, Patna
directing the sealing of the under construction building within
24 hours with the assistance of the administration and the local
police station. It has further been directed that a report with
respect to the steps having been taken be submitted.
4. At the outset, learned Senior counsel appearing
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for the Patna Municipal Corporation submits that the petitioner
has an alternative and efficacious remedy of filing an appeal
before the Municipal Building Tribunal under section 323(3) of
the Bihar Municipal Act, 2007.
5. Section 323(3) of the Bihar Municipal Act, 2007
is reproduced herein below for ready reference:
“323. Order of demolition and
stoppage of buildings or works in
certain cases and appeal.
(3) Any person aggrieved by an
order of the Chief Municipal Officer
under sub-section (1) may, within
thirty days from the date of the order,
prefer an appeal against the order to
the Municipal Building Tribunal
appointed under section 329.”
6. Having heard learned counsel for the parties and
taking into consideration the submissions made specially the
alternate remedy available under section 323(3) of the Act, as
noted herein above, the instant application is disposed of
directing the petitioner to file an appeal as per the provision
under the Act.
7. The appeal shall be filed by the petitioner on or
before 23.3.2026.
8. In case the prayer for interim order is made by
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the petitioner, the same shall be decided by the Tribunal in
accordance with law at the earliest.
9. In view of the fact that the building in question
happens to be the residential house of the petitioner, no coercive
steps shall be taken by the Patna Municipal Corporation
pursuant to the order dated 17.2.2026 passed by the Municipal
Commissioner, Patna Municipal Corporation, Patna till
26.3.2026 or till disposal of the application for interim prayer, if
made by the petitioner, whichever is earlier.
(Partha Sarthy, J)
sauravkrsinha/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 19.3.2026 Transmission Date NA