IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13916 of 2009 Birendra Kumar Singh, son of late Chandradeo Singh, resident of “Chandra Mahal”, Jagat Narain Lall Road, Police Station – Kadamkuan, District and Town – Patna - Petitioner Versus 1 The Patna Municipal Corporation, Patna through its Commissioner 2 The Commissioner, Patna Municipal Corporation, Patna at Mauryalok Complex, Block – C, 02nd Floor, Patna – 800 001 3 The Chief Municipal Engineer, Patna Municipal Corporation, Mauryalok Complex, Block – C, 02nd Floor, Patna – 800 001 4 The Executive Engineer, Patna Municipal Corporation, Mauryalok Complex, Block – C, 02nd Floor, Patna – 800 001 5 M/s Govinda Construction Private Limited having its office at Kanak Braj Complex, Boring Road, Police Station – S K Puri, District and Town – Patna through its Director Mr Rajeev Kumar 6 Mr Rajeev Kumar, son of no known, M/s Govinda Construction Private Limited having its office at Kanak Braj Complex, Boring Road, Police Station – S K Puri, District and Town – Patna 7 Chandeshwar Pd Narain Shahi, son of now known to the petitioner 8 Rajkumar Pd Narain Shahi, son of not known to the petitioner 9 Surendra Pd Narain Shahi, son of not known to the petitioner 10 Birendra Pd Narain Shahi, son of not known to the petitioner 11 Asha Devi, wife of not known to the petitioner 12 Sudha Rani, wife of not known to the petitioner 13 Sidheshwar Pd Narain Shahi, son of not known to the petitioner 14 Niteshwar Pd Narain Shahi, son of not known to the petitioner, all residents of Kalamanch Compound, Bakarganj, Police Station – Kadam Kuan, District – Patna 15 Sureshwar Pd Narain Shahi, son of not known to the petitioner, present residing at C/o Mr Arun Kumar Tiwary, Hathwa Enclave, Bataganj, Police Station – Digha, District – Patna 16 Nagendra Prasad Singh 17 Harendra Kumar Singh 18 Rajendra Prasad Singh, all sons of late Chandradeo Singh 19 Harsh Kumar Singh 20 Gautam Kumar Singh, both sons of Sri Rajendra Prasad Singh 21 Aruna Singh, wife of Sri Rajendra Pd Singh, all residents of “Arunodaya” Chandra Mahal Compound, Jagat Narayan Lal Road, Police Station – Kadam Kuan, District and Town – Patna 22 Ramlala Shahi, son of Sri Jai Nandan Pd Narain Shahi, resident of Kalamanch Compound, Bakarganj, Police Station – Kadam Kuan, District and Town – Patna - Respondents ----------- 2 27.10.2009 The petitioner claims to be interested in a piece of land and is aggrieved by sanction of building over the said piece of 2 land. He submits that the sanction has been granted in terms of the Bihar Regional Development Authority Act in the year, 2008 though the Act itself was repealed in 2007 by the Bihar Municipal Act, 2007. He very fairly states that as between the co-sharers of the land, there are litigations pending in respect of the land in Civil Court. These facts were suppressed at the time when sanction was sought for which contravenes Section 38 of the Bihar Regional Development Authority Act. In my view, as there are pending litigations to which petitioner is a party, petitioner has appropriate remedy of seeking relief from the Civil Court as against the sanction which he alleges to be in contravention of Section 38. His remedy would be to approach the authority and apprise him of the fact who would be bound to consider the same in accordance with law and take a decision after hearing the parties in this regard. In view of the fact that petitioner has stated that construction has started, if any application before appropriate Court, forum or authority is filed in this regard, the authority aforesaid should decide the same in accordance with law within one month after hearing all the parties concerned. At the first instance, this Court is not inclined to interfere in the matter. The writ application is, accordingly, disposed of. M.E.H./ (Navaniti Prasad Singh)