IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17325 of 2011 Birendra Kumar Singh s/o Chhotu Singh, Indrapuri Housing Construction Co-Operative Colony House No. B/28, P.O. Bihar Veterinary College, Distt. Patna Versus 1. The State Of Bihar Through The Secretary Urban Development, Housing, Govt. Of Bihar, Patna 2. The Patna Municipal Corporation Through The Commissioner 3. The Commissioner, Patna Municipal Corporation, Patna 4. Vastu Enclave Apartment , Having Its Registered Office At 4m/50 Bahadurpur Housing Colony, Bhoot Nath Road, P.O. Gandhi Nagar, P.S. Agam Kuan Through Sri Bipin Kumar Sri Laxman Singh Developer Of The Society Plot No. B/20, Indirapuri Colony ---------------------------------- 5. 30.11.2011. The petitioner is a Member of Indrapuri Sahkari Grih Nirman Samiti Ltd., Patna duly registered under the Bihar Cooperative Societies Act (VI) of 1935. He submits that respondent nos. 4 and 5 are constructing Vastu Enclave Apartment, a multi storied building on Society plots no. B/29 of the area of 2,500 sq ft or 225.45 sq meters, just adjacent to his residential house in Indrapuri locality in violation of Bye laws 19.4 of the Bihar Nagar Palika Act, 2007 amended under the Act, 8/2009. The building is being constructed without proving required set back, in front, rear and two sides. Furthermore, respondents are also violating paragraphs 3 and 6.2 of the deed/bye laws of the Indirapuri Sahkari Grih Nirman Samiti Ltd, where under only residential buildings are permissible and not multi storied buildings. The petitioner has also 2 filed various representations before the Commissioner, Patna Municipal Corporation as well as other authorities of the Corporation and of late he has filed representation dated 28.11.2011. Having heard Mr Sandip Kumar, learned lawyer for the petitioner, Mr H.S.Himkar for the Corporation and learned State counsel, this Court observes that a building cannot be permitted to be constructed in violation of provisions of the building bye laws. Furthermore, the Society has also to ensure that it adheres to its norms and criteria laid down in its bye laws. As the petitioner has specifically submitted that respondent nos. 4 and 5 are constructing multi storied building in violation of building bye laws as well as bye- laws of Society, I direct the Commissioner, Patna Municipal Corporation, Patna, respondent no.3 to make a preliminary enquiry in this regard within two weeks from the date of receipt of a copy of this order. In case, respondent no.3 finds the allegations are correct, further construction would be stopped and a vigilance case would be initiated. Furthermore in eventuality of non completion of enquiry within the time specified, status quo existing on that day would be 3 maintained. The writ petition is thus disposed of. Let a copy of this order be communicated to Mr Himkar for its communication to respondent no.3. Shashi. (Samarendra Pratap Singh, J.)