IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1402 of 2009 CHINTA DEVI . Versus THE PATNA MUNICIPAL CORPN.&ANR . ----------- 7. 10.1.2011 Heard learned counsel for the petitioner and for the Patna Municipal Corporation. The petitioner seeks quashing of the order dated 12.1.2009 in Vigilance Case No. 5B of 1998 calling upon her to remove the unauthorized construction within 15 days failing which it would be demolished. Learned counsel for the petitioner submits that no fresh constructions have been made except for plaster and repair work of partially old building only. Counsel for the Municipal Corporation from Paragraph-4 of the counter affidavit submits that it does not appear to be that simple but certain fresh constructions at the rear appears to have been raised also without approval. There is no rejoinder to the counter affidavit. The impugned order dated 12.1.2009, adequately notices that the petitioner appeared on some dates initially but stopped appearing thereafter. She did not appear despite a paper publication also. The Municipal Corporation therefore appears to have taken all necessary steps in accordance with law before passing the final order. In any event, the final order itself again gives her the option for the 2 post facto sanction. Learned counsel for the petitioner submits that the petitioner shall enter appearance before the Municipal authorities in Vigilance Case No. 5B of 1998 and satisfy them that she has not made any fresh construction requiring post facto sanction. Only if the petitioner files such application before the Municipal authorities within a maximum period of four weeks from today, let the Municipal authorities examine all matters afresh and after due opportunity to the petitioner pass a fresh, reasoned and speaking order within a maximum period of two months from the date that the petitioner so enter appearance. In the meantime, the operation of the order dated 12.1.2009 only to the extent that it directs demolition shall remain in abeyance to abide by the fresh final order to be passed by the Municipal authorities. Should the petitioner fail to file appropriate application within a period of four weeks, the writ petition shall be deemed to have been dismissed and the authorities shall be at liberty to act in accordance with the final order dated 12.1.2009. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)