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Patna High CourtCWJC/3222/2022dismissed

Ram Kumar @ Babloo Singh v. The State Of Bihar

2022-03-08Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 3222 of 2022 ====================================================== Ram Kumar @ Babloo Singh S/o Shyam Sundar Prasad Singh R/o Shivpuri, Road No. 1, PS- Mufassil Dist.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through The Secretary, Urban and Housing Department, Government of Bihar, Patna 2.

Gaya Municipal Corporation Through Municipal Commissioner, Gaya 3.

Municipal Commissioner, Gaya Municipal Corporation. 4.

Executive Officer, Gaya Nagar Nigam, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms Nivedita Nirvikar, Sr Advocate with M/s Punit Kr, Arya Achint, Advocates For the Respondent/s :

Mr Kinkar Kumar, SC IX with Ms Deepika Sharma, AC to SC IX For the Corporation :

Mr Ravindra Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR JUSTICE CHAKRADHARI SHARAN SINGH) 08-03-2022 Heard learned senior counsel for the petitioner and the respondents.

The petitioner is seeking quashing of an order passed in Construction Case No 158/53 of 2021 by the Gaya Municipal Corporation (for brevity, the Corporation), Gaya he has been asked to remove the unauthorized construction made by him. From the pleadings in the writ petition and the submissions made on behalf of the petitioner, it appears that the construction in question has been made without due sanction of

Patna High Court CWJC No.3222 of 2022(2) dt.08-03-2022 2/2 map by the Corporation for such construction. In such view of the matter, we are not inclined to entertain the nature of relief, which has been sought in the present writ application.

This writ application is, accordingly, dismissed. The petitioner shall, however, be at liberty to approach the Municipal Building Tribunal against the impugned order, if permissible, in accordance with law. (Chakradhari Sharan Singh, J) (Madhuresh Prasad, J) M.E.H./- U