IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11395 of 2009 ***** 1. Raj Kumari Devi wife of Ram Krishna Singh 2. Lakshmi Devi wife of Ramanuj Singh 3. Arun Kumar @ Barun Kumar, son of Late Sahdeo Pandit All resident of village- Mohanput, at present resident of village-Begusarai Ward No.11, Mohalla-Tilaknagar, District-Begusarai. …. …. Petitioners Versus 1. The State of Bihar. 2. The Collector, Begusarai. 3. The Municipal Commissioner, Municipality, Begusarai. …. …. Respondents ----------- For the petitioners : Mr. R.C.Sharma, Advocate Mr. Arun Kumar Singh, Advocate For the Municipal Corpn. : Mr. Jitendra Singh, Senior Counsel Mr. T.P.Singh, Advocate ----------- 3. 15.9.2009. Heard counsel for the parties. Vide Annexure-12 dated 15.7.2009 the Municipal Commissioner, Begusarai issued notices to the petitioners directing them to appear before him on 22.7.2009 and also to file their show-cause as to why the construction on the respective place be not demolished. Submission of learned senior counsel appearing for the petitioners is that it is a vague kind of notice which does not even indicate as to what construction has been declared or held to be in conflict with the provisions of the Bihar Municipal Act, 2007. A plain reading of the notice would mean that the entire construction is otherwise illegal, which cannot be because structure has been in existence for a very long time after due authority and sanction obtained from time to time. It is further submitted that way back on 17.8.2009 in Case No.1/09 a show cause has been filed before the Municipal Commissioner and nothing has been done on the - 2 - issue, no hearing has been held and the respondents are insisting on enforcing the notice and threatening the demolition. Learned counsel representing the Begusarai Municipal authorities seeks time to respondent to the writ application. The Court is of the opinion, however, that no purpose will be served by keeping the matter pending at the High Court level. The writ application is disposed of with direction that the Municipal Commissioner shall first hear the petitioners, identify the illegal construction in relation to their property and thereafter if it is found that the same is in breach of the Municipal provisions follow-up order will be required to be passed. Till it is done Annexure-12 dated 15.7.2009 will not be enforced against the petitioners. This writ application stands disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)