Shahnaz Yunus vs The State Of Bihar on 18 March, 2026

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    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
         ======================================================
         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
         ======================================================
         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
         ======================================================
         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
     Patna High Court CWJC No.4040 of 2026 dt.18-03-2026
                                               2/5
    
    
    
    
                                             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
    Patna High Court CWJC No.4040 of 2026 dt.18-03-2026
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    SPONSORED

    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
    Patna High Court CWJC No.4040 of 2026 dt.18-03-2026
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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
     



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