Krishna Kant Sharma Vs Gaya Municipal Corporation — Patna HC (2026) — LawSathi Research

Krishna Kant Sharma Vs Gaya Municipal Corporation — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with directions: petitioner to appear before respondent no.2 (Town Commissioner, Gaya Municipal Corporation) personally or with counsel on 21.7.2026 at 11:00 A.M.; respondent no.2 to furnish the details sought regarding the description of the property covered by the notice dated 9.5.2026, grant reasonable time to respond, fix a date of appearance and decide the case/representation in accordance with law. Merits expressly left open; no stay of the notice was recorded.

Issue for consideration

Whether the notice contained in letter no. 135 dated 09.05.2026 issued by the Town Commissioner, Gaya Municipal Corporation under Sections 313 and 314 of the Bihar Municipal Act, 2007 alleging construction without sanctioned plan was liable to be quashed. +1 more

Court's answer

The writ application is disposed of directing the petitioner to appear before the Town Commissioner, Gaya Municipal Corporation (respondent no.2) either personally or along with his counsel on 21.7.2026 at 11:00 A.M., when respondent no.2 shall provide to the petitioner the details sought for with respect to the description of the property which is the subject matter of the case in which the notice dated 9.5.2026 has been issued.

Ratio / Principle

Respondent no.2 shall thereafter give the petitioner a reasonable time to respond, fix a date for appearance, and proceed to decide the case/representation in accordance with law.

Key takeaways

The Court has not entered into the merits of the petitioner's case, which is to be decided by the respondent concerned.ratio¶7

Detailed headnote1 paragraphs

Patna High Court (Partha Sarthy, J.), by order dated 09-07-2026 in CWJC No.9580 of 2026, disposed of a writ petition by Krishna Kant Sharma challenging a notice contained in letter no.135 dated 09.05.2026 issued by the Town Commissioner, Gaya Municipal Corporation, Gayaji, alleging construction in Ward No.37 (Hotel City Surya) in violation of Sections 313 and 314 of the Bihar Municipal Act, 2007 and without a sanctioned plan. Without expressing any opinion on the merits, the Court directed the petitioner to appear before the Town Commissioner on 21.7.2026 at 11:00 A.M., whereupon the Town Commissioner was to provide the details sought regarding the description of the property, grant the petitioner reasonable time to respond, fix a date of appearance and decide the case/representation in accordance with law.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9580 of 2026

======================================================

Krishna Kant Sharma Son of Uma Shankar Sharma, Resident of 27, A.P. Colony, Police Station- Rampur, District- Gaya.

... ... Petitioner/s

Versus

Gaya Municipal Corporation through the Town Commissioner, Gaya, Bihar.

The Town Commissioner, Gaya Municipal Corporation, Gaya.

Executive Officer, Gaya Municipal Corporation, Gaya.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Respondent/s : Mr. Rabindra Kumar Priyadarshi, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

2 09-07-2026 Heard learned counsel for the parties.

2. The petitioner has filed the instant application for

the following reliefs:

“ (i) For issuance of a writ in the nature of mandamus and / or any other appropriate writ, order or direction for quashing the notice as contained in letter no. 135 dated 09.05.2026 issued under the signature of Town Commissioner, Gaya Municipal Corporation, Gayaji, whereby and where the petitioner was directed to not do any further construction and appear before the undersigned with all relevant

Patna High Court CWJC No.9580 of 2026(2) dt.09-07-2026 2/3

documents and map regarding the building in question.

(ii) Further for staying the operation of the notice as contained in letter no. 135 dated 09.05.2026 issued under the signature of Town Commissioner, Gaya Municipal Corporation, Gayaji.

(iii) For any other relief / reliefs to which the petitioners are found entitled in the facts and circumstances of the case. ”

The petitioner is aggrieved by the notice contained

in letter no.135 dated 9.5.2026 issued to the Proprietor of Hotel City Surya stating therein that in violation of the provisions contained in sections 313 and 314 of the Bihar Municipal Act, 2007 and without getting the plan sanctioned by the Municipal Corporation, construction is being carried out in ward no.37.

By the said notice, the noticee has been directed to appear in the office of the Commissioner, Municipal Corporation, Gayaji on 15.5.2026 between 12:00 P.M. - 2:00 P.M.

Having heard learned counsel for the parties, the writ application is disposed off directing the petitioner to appear before the Town Commissioner, Gaya Municipal Corporation,

Patna High Court CWJC No.9580 of 2026(2) dt.09-07-2026 3/3

Gaya (respondent no.2) either personally or along with his counsel on 21.7.2026 at 11:00 A.M. when the respondent no.2 shall provide to the petitioner the details sought for by the petitioner with respect to the description of the property which is the subject matter of the case in which the notice dated 9.5.2026 has been issued.

The respondent no.2 thereafter shall give a reasonable time to the petitioner to respond to the same and fixing a date for appearance, shall proceed to decide the case/representation in accordance with law.

It is made clear that the Court has not entered into the merits of the case of the petitioner, which is to be decided by the respondent concerned.

The writ application stands disposed off.

(Partha Sarthy, J)

sauravkrsinha/-

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