IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1 of 2025 In Civil Writ Jurisdiction Case No.17538 of 2024 ======================================================

Swati Agrawal Daughter of Late Ramesh Chand Agrawal, Resident of Purnea Market, Bhatta Bazar, P.S. K Hat, District - Purnea.

... ... Appellant/s Versus

1. The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

2. The Purnea Municipal Corporation, Purnea through its Municipal Commissioner, Municipal Corporation, Purnea, Bihar.

3. The Municipal Commissioner, Purnea Municipal Corporation, District-

Purnea, Bihar.

4. The District Magistrate, Purnea, Bihar.

5. The Superintendent of Police, Purnea, Bihar.

6. The Sub Division Officer, Purnea, Bihar.

7. The Execution Engineer, Electricity Supply Division, East and West Purnea, Bihar.

8. The Incharge of Building Maps Purnea Municipal Corporation, District Purnea, Bihar.

9. Sri Nawal Kumar @ Nawal Kumar Jaiswal S/o Sri Raj Kumar Chaudhary, Resident of Parwati Hat, Bhatta, P.s. Khajanchi Hat, District- Purnea.

10. Sri Lokesh Kumar Jaiswal Son of Sri Raj Kumar Chaudhary, Resident of Parwati Hat, Bhatta, P.s. Khajanchi Hat, District- Purnea.

11. Sri Vijay Kumar Jaiswal Son of Sri Raj Kumar Chaudhary, Resident of Parwati Hat, Bhatta, P.s. Khajanchi Hat, District- Purnea.

12. Laxman Kumar Mishra Son of Ram Pradarth Mishra Resident of Parwati Hat, Bhatta, P.S. Khanjanchi Hat, District- Purnea.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Kamal Nayan Choubey, Sr. Advocate Mr.Ashok Kumar Garg, Advocate Mr. Dineshwar Pandey, Advocate For the Purnea Municipal Corporation : Mr. Satyabir Bharti, Sr. Advocate Mr. Prince Kumar Mishra, Advocate Ms. Priyanka Kumari, Advocate ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-02-2026 This Letters Patent Appeal has been filed by Swati Agrawal challenging the order dated 17.12.2024 passed by the learned Single Judge in CWJC No. 17538 of 2024. The writ petition was filed by the petitioner seeking for following reliefs:

“(i) To issue a writ/order/direction in the nature of certiorari to set aside order dated 06.09.2024 passed by the Chairman, Municipal Building Tribunal- 1, Bihar, Patna in Appeal No.22 (N)/2023 (arising out of Vigilance Case No.09/2022-23 of Punea Municipal Corporation) whereby and whereunder without interfering with the order passed in Vigilance Case No.09/2022-23 dated 03.11.2022 the appeal of the petitioner was dismissed with a direction that if the petitioner submits any map plan for post facto sanction to the Purnea Municipal Corporation, the corporation shall consider the said map submitted by the petitioner for regularizing the building in question within the ambit and scope of relevant building byelaws.

(ii) To issue a writ/order/direction in the nature of certiorari to set aside order dated 0311.2022 passed by the Municipal Commissioner, Municipal Corporation Purnea in Vigilance Case No.09/2022-23 whereby and whereunder Sri Ramesh Chandra Agrawal (father of the petitioner) was held guilty of violating of Section 314 of the Bihar Municipality Act, 2007 and was fined Rs.10,00,000/- under section 315 of Bihar Municipality Act for violating Building Byelaws and constructing a permanent structure and further the said structure was directed to be sealed under Rule 16 (Kha) of Bihar Building Byelaws 2014.

(iii) To pass interim / ex-parte interim order staying order dated 06.09.2024 passed by the Chairman, Municipal Building Tribunal-1, Bihar, Patna in Appeal No.22 (N)/2023 (arising out of Vigilance Case No.09/2022-23 of Purnea Municipal Corporation) whereby and whereunder without interfering with the order passed in Vigilance Case No.09/2022- 23 dated 03.11.2022 the appeal of the petitioner was dismissed with