Authority: Patna High Court (Hon'ble Mr. Justice A. Abhishek Reddy)

Order Date: 06-11-2026

Case Overview

  • Petitioner: Manoj Kumar, resident of Sitamarhi district, filed a writ petition seeking enforcement of the demolition order dated 09-10-2024 issued by the Commissioner of Sitamarhi Municipal Corporation.
  • Respondents: (1) State of Bihar through the Principal Chief Secretary, Urban Development and Housing Department; (2) Principal Chief Secretary, Urban Development and Housing Department; (3) Sitamarhi Municipal Corporation (through Municipal Commissioner); (4) Municipal Commissioner, Sitamarhi; (5) Assistant Town Planner, Sitamarhi; (6) District Magistrate, Sitamarhi; (7) Dr. Anita Singh (wife of Dr. Sanjay Singh), resident of Sitamarhi.
  • Background: The Municipal Corporation had ordered demolition of illegal and unauthorized construction by respondent No. 7 on 09-10-2024. No action was taken, prompting the petitioner to seek a court direction to fix a time‑frame for implementation.
  • Respondent’s Position: Respondent‑7 filed Appeal No. 37(N) of 2024 before the Municipal Building Tribunal, Patna, contending that the Tribunal must first decide the appeal before the demolition order can be executed. The Court had earlier disposed a related writ petition (CWJC No. 9841 of 2026) on 17-09-2026, directing the Tribunal to dispose of the appeal within a specified time‑frame.

Final Outcome

  • The High Court disposes the present writ petition and directs the Municipal Building Tribunal, Patna to dispose of Appeal No. 37(N) of 2024 within the time‑frame fixed in CWJC No. 9841 of 2026 dated 17-09-2026.
  • The Court emphasizes that all necessary parties must be put on notice and afforded a hearing before any further orders are passed, and that any order must be communicated to the petitioner.
  • If the Tribunal rejects or dismisses the appeal filed by respondent No. 7, the Sitamarhi Municipal Corporation is mandated to implement the demolition order dated 09-10-2024.
  • With these directions, the writ petition stands disposed.

Topics: Legal Enforcement, Urban Development