IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11256 of 2009 1. Sudhir Kumar, Son of Umesh Prasad. 2. Ramchandra Singh, Son of Late Gopal Singh. 3. Manoj Kumar, Son of Late Mahngu Sao. 4. Shishu Kumar @ Shishu Gupta, Son of Rajeshwar Prasad. 5. Kameshwar Prasad, Son of Late Vyas Sao. All residents of Station Road, Masaurhi, PS Masaurhi, District Patna. ----- Petitioners. Versus 1. The State of Bihar through the Secretary, Urban Development Department, Government of Bihar, New Secretariat, Patna. 2. The Municipal Council, Masaurhi, Patna. 3. The Municipal Executive Officer, Municipal Council, Masaurhi, Patna. 4. Mr. Chandan Kumar Mandal, Municipal Executive Officer, Municipal Council, Masaurhi, Patna. 5. The Municipal Engineer, Municipal Council, Masaurhi, Patna. 6. The Sub-divisional Officer, Masaurhi, Patna. ------ Respondents. ---------- 4 15.12.2011 Learned counsel for the petitioners submits that they have been given notice to demolish part of their residential house on the ground that the Municipal Corporation intends to either construct or widen the drain or for the purpose of removal of encroachment on the road of Municipal Corporation. The Municipal Corporation ought to give an opportunity to the petitioners to appear and place the facts before them in order to avoid such controversies. Counsel for the Municipality on the other hand, submits that notice was issued on 13.2.2009. However, nobody appeared in 2 response to the said notice. Be that as it may, the respondent no. 3 i.e. the Municipal Executive Officer, Municipal Council, Masaurhi, Patna shall hear the petitioners and pass appropriate orders. In the mean time, no demolition or further construction should take place. The matter should be disposed of within a period of four months on receipt of a copy of this order. Since the petitioners are appearing in the case, they are directed to produce a copy of this order before the Municipal Executive Officer, Municipal Council, Masaurhi, Patna who will either fix a date on the day on which he receive a copy or issue fresh notices to the petitioners to appear on a date fixed by him. This writ application is disposed of. Sanjay (Sheema Ali Khan, J.)