Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Pat) 2906

PATNA HIGH COURT
HARISH KUMAR, J
Suresh Sharma @ Suresh Kumar Sharma, Shabiir Ahmad Siddiqui @ Shabiir Ahmad, Harendra Yadav, Ajit Kumar, Harendra Kumar @ Harinder Prasad – Appellant
Versus
The State of Bihar through the Principal Secretary, Department of Urban Development and Housing, Govt. of Bihar – Respondent
Civil Writ Jurisdiction Case No.11962 of 2025

Advocates:
For the Appellants/Petitioners: Mr. Sanjeev Kumar, Adv., Mr. Sitesh Kashyap, Adv., Mr. Raushan Raj, Adv.
For the Respondents: Mr. Nagendra Prasad Yadav, SC-23, For the D.S.A.: Mr. Shyamal Prakash, Adv., For the Resp No.5: Mr. Priyadarshi Matri Sharan, Adv., Mr. Dinkar Kumar, Adv.

Court maintains status quo on demolitions, pending further proceedings.

Headnote:The judgment discusses the urgent hearing requested by petitioners concerning demolition orders affecting their shops allocated by the District Sports Association. The Court maintains status quo until the next hearing, directing compliance with previous orders issued. The petitioners now seek protection of their allocated premises amidst ongoing demolition processes initiated by municipal authorities.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

4 22-01-2026 Learned Advocate for the respective parties are present.

2. This matter has been notified on a motion made by the learned Advocate for the petitioners.

3. This Court is apprised that in view of the letter as contained in Memo No.39 dated 21.01.2026, whereby on the request of the District Sports Officer, West Champaran, Bettiah, the Sub-Divisional Officer, Bettiah Sadar has deputed Executive Magistrates for demolishing the shops, which were allotted to the petitioners and others by the District Sports Association, West Champaran, Bettiah, the rent if which are being deposited to the concerned Municipal Corporation.

3. The matter is running on the Board and, on the last occasion, vide order dated 19.01.2026, this Court had directed the District Magistrate, West Champaran, Bettiah and Municipal Corporation, West Champaran, Bettiah to ensure the filing of counter affidavit within a period of three weeks. Since the date, when the order was passed the petitioners had no apprehension for demolition of the shops allotted to them; hence they had not made any prayer for interim protection. However, in view of the subsequent development, the petitioners have made a motion for urgent hearing seeking status quo till final order is passed by this Court.

4. Learned Advocate for the respondents informed this Court that in pursuance of the order of the District Sports Officer as contained in Memo No.39 dated 21.01.2026, the demolition work is under process and some of the shops have already been demolished; however, they do not have instruction(s) with regard to the present position of the shops allotted to the petitioners.

5. Having considered the submissions, this Court directs the concerned respondent(s), especially the District Sports Officer, West Champaran, Bettiah as well as Municipal Corporation, West Champaran, Bettiah to maintain the status quo till the next date of hearing i.e. fixed on 10.02.2026.

6. In the meantime, the concerned respondent(s) shall ensure the compliance of the order dated 19.01.2026.

7. The respective parties are at liberty to mention the matter for early hearing.

(Harish Kumar, J)

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