IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3026 of 2009 SRI PARIMAL KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 5.3.2009 Heard counsel for the petitioner and counsel for the Patna Municipal Corporation, Patna as also counsel for the State. The prayer of the petitioner in this writ petition is for consideration of their representation (Annexure-6) by the competent authority of the Patna Municipal Corporation, Patna, the successor body of Patna Regional Development Authority. The case of the petitioner is that on a misrepresentation or incorrect information given by the respondent nos. 4, 5 & 6, a map of plan Case No. 465 of 1997 was sanctioned by the P.R.D.A. on 21.10.1997. It has been submitted that though the land, in question, never belonged to the persons seeking approval of the plan including the Respondents 4 to 6 but the P.R.D.A. had sanctioned plan on the basis of which certain construction of building has been made by or on behalf of Respondents 4 to 6. The grievance of the petitioner therefore is that even when this dispute now stands settled by the 2 judgment and decree of the Civil Court holding the land to be belonging exclusively to the petitioner, the authorities of the P.R.D.A. followed by the Patna Municipal Corporation, Patna have not taken the consequential action for cancellation of such plan and as a result whereof, the respondent nos. 4, 5 & 6 are still taking steps for making construction. It appears that the matter has also received the attention of the authorities of the P.R.D.A. and now of the Patna Municipal Corporation, Patna. It is also an admitted fact that the petitioner has filed an application for cancellation of sanction map of the respondents nos. 4 to 6 on 15.1.2009 (Annexure-6 to this writ application). That being so, this Court would direct the Municipal Commissioner, Patna Municipal Corporation, Patna to personally look into the matter and take a final decision on the application of the petitioner dated 15.1.2009 after hearing the petitioner as also respondent nos. 4 to 6 within a period of six months from the date of receipt/production of a copy of this order. For the period of aforesaid six months, 3 no construction would be made by any person over the land in question beyond what has already been made by the respondent nos. 4 to 6. It goes without saying that the Municipal Commissioner will have also power to stay the further construction as also pass an order for demolition of any portion of building already constructed by Respondents 4 to 6 in view of the decree of the perpetual injunction in favour of the petitioner, and as consequence of final order on his application seeking cancellation of plan map. With the aforementioned observations and directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)