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Patna High CourtCWJC/8445/2015disposed

Punam Devi And ANR v. The Municipal Building Tribunal Patna And ORS

2024-08-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8445 of 2015 ======================================================

1. Punam Devi wife of Sri Satish Yadav

2. Sri Satish Yadav s/o Late Ram Sunder Lal Both residents of Mohalla- Samadar Path, Park Road, P.S.-Kadam Kuan, District- Patna.

... ... Petitioners

Versus

1. The Municipal Building Tribunal Patna Division, Patna through its Chairman.

2. The Patna Municipal Corporation, Maurya Lok Complex, New Dak Bunglow Road, P.S. Kotwali, District-Patna through its Municipal Commissioner,

3. The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok Complex, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Sinha, Adv For the Respondent/s :

Mr.Hargovind Singh Himkar For the PMC :

Mr. Sanjay Prakash Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-08-2024 The present writ petition has been filed seeking the following relief:- "1(i) For quashing of an order dated 25.03.2015, passed in Appeal Case No. 48/2014 (arising out of Vig. Case No. 44A/2013) by the Municipal Building Tribunal (Respondent No.1) affirming the order dated 22.07.2014 passed by Respondent No.3 and also for quashing of the order dated 22.07.2014, passed by the Municipal Commissioner (Respondent No 3) in Vigilance Case No.44A/13 by which it has been ordered to completely demolish the house constructed as Ground + 3 floor and then allow the petitioner to apply for sanction of plan and make construction, accordingly, in accordance with law."

Patna High Court CWJC No.8445 of 2015(3) dt.21-08-2024 2/2

2. After some arguments, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U