Sanjay Kumar v. The Municipal Building Tribunal 1 And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19786 of 2015 ====================================================== Sanjay Kumar, S/o Late Vishwanath Singh, Resident of Mohalla- Khajpura, P.O.- B.V. College, P.S.- Gardanibagh, District- Patna. .... .... Petitioner/s

Versus

1. The Municipal Building Tribunal-I,, New Miller High School, Bihar Jal Parishad Campus, P.S.- Kotwali, District- Patna through its Chairman.

2. The Chairman, Municipal Building Tribunal- I, New Miller High School, Bihar Jal Parishad Campus, P.S.- Kotwali, District- Patna through its Chairman.

3. The Patna Municipal Corporation, Maurya Lok Complex, P.S.- Kotwali, District- Patna through Municipal Commissioner.

4. The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok Complex, P.S.- Kotwali, District- Patna.

5. The Vigilance Officer, Patna Municipal Corporation, Maurya Lok Police Station- Kotwali, District- Patna.

6. The Executive Engineer, Nutan Capital Circle, Municipal Corporation, Maurya Lok, Police Station- Kotwali, District- Patna.

7. Anil Kumar Sinha, S/o not known, Flat No.-C-2, Lakhan Vishwanath Apartment, Ambedkar Path, Patna.

8. Suresh Prasad, S/o Not known, Flat No.- B-6, Lakhan Vishwanath Apartment, Ambedkar Path, Patna.

9. Shree Vinayak Mittal, Flat No.-C-6, Lakhan Vishwanath Apartment, Ambedkar Path, Patna.

10. Name not know, Flat No.-D-6, Lakhan Vishwanath Apartment, Ambedkar Path, Patna.

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

For the Petitioner/s : Mr. Naresh Kr. Malhotra, Sr. Adv. with Mr. Binod Kumar Sinha For the Respondent/s : Mr. Prasoon Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-01-2016 Heard Mr. Naresh Kumar Malhotra, learned senior counsel appearing for the petitioner and Mr. Prasoon Sinha, learned counsel appearing for the Corporation. Although the petitioner is aggrieved by the order dated 7.10.2015 of the Municipal Building Tribunal passed in Appeal Case No.45 of 2014 affirming the order dated 18.7.2014

Patna High Court CWJC No.19786 of 2015 (3) dt.11-01-2016 passed by the Municipal Commissioner, Patna Municipal Corporation in Vigilance Case No.59B of 2013. whereby the petitioner has been directed to demolish 3-stair cases emerging from inside the flats bearing Nos.B/6, C/6 and D/6 opening on the 6th floor of the apartment, namely, Lakhan Vishwanath Apartment, Ambedkar Nagar, Patna but upon the matter being taken up Mr. Malhotra, learned senior counsel appearing for the petitioner prays for disposal of the writ petition to enable the petitioner to seek recourse to the remedy that is available to him under the Bihar Municipal Act, 2007 and the Bye-laws framed thereunder.

The writ petition is disposed of.

(Jyoti Saran, J) SKPathak/- U