IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8341 of 2002 M/S SHREE GURUDEV CONSTRUCTION PVT.LTD. Versus THE STATE OF BIHAR & ORS ----------- 4. 20.4.2009 No one appears for the petitioner. Earlier also on 18.5.2007 no one had appeared for the petitioner and in fact right from the date of filing of the writ petition the petitioner has been taking adjournment. In this writ application the petitioner has assailed the order passed by the Vice Chairman on 1.4.2002 as also the appellate order dated 21.6.2002 affirming the aforementioned order of the Vice Chairman, P.R.D.A., whereby and whereunder he has been restrained from making any further construction on 4th floor of Block ‘C’ of the building situated at Jamal Road, Patna. The petitioner has also prayed for a post facto sanction of Plan Case No. 171/1998. The moment it is found from the pleadings and the action on the part of the petitioner that the sanction for ground and three floor was sought to be also violated by adding one more floor, the fourth floor, 2 a decision of the authorities for stopping construction of such 4th floor cannot be said to be illegal. Since the petitioner has already filed a revised plan seeking sanction of 4th floor of the building in Plan Case No. 171/1998, the order of restrain against the petitioner would continue to remain in operation till the successor body of P.R.D.A. sanctions the revised plan in Plan Case No. 171/1998. It goes without saying that once the sanction of the authorities for 4th floor is received, the grievance of the petitioner as against the impugned orders would stand redressed. With the aforementioned observations, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/