IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1286 of 2011 M/S Gayatri Engicon Pvt. Ltd. Versus The State Of Bihar & Ors 3 9.9.2011 The petitioner seeks quashing of the order dated 20.12.2010 contained in memo no.714 in Vigilance Case No.24B/10 and order dated 27.12.2010 contained in memo no.719. The petitioner states that by the aforesaid order the respondents have illegally asked him to stop the construction work of Bhagwati Kunj Apartment at Road No.1-A in Mohalla Mahesh Nagar under Patliputra P.S, Patna. The petitioner further states that no ground of any violation is mentioned in the impugned order dated 27.12.2010 contained in Annexure-3 series and on mere complaint the aforesaid order has been passed by the Additional Town Commissioner, Patna Municipal Corporation even without giving any notice to him. Being aggrieved by the aforesaid order dated 20.12.2010, the petitioner moved the Municipal Building Tribunal in Appeal No.01/2011 which was disposed of by order dated 07/13.06.2011 by the Appellate Tribunal with an observation that the petitioner shall appear before the respondent Patna Municipal Corporation in Vigilance Case No.24B/10 and satisfy the concerned authority that the construction made by him is in accordance with the building bye-laws. The Appellate Court further observed that if no order is passed within three months, the appellant-petitioner may file an application before the respondent Corporation for vacating the order of stay passed by the Vigilance Officer. 2 Learned counsel for the petitioner submits that in pursuance of order passed by the Appellate Tribunal, he appeared before the respondent Corporation and presented his case but despite the same more than 2 ½ months have passed, no order has been passed by the respondent Corporation in Vigilance Case No.24B/10. Counsel for the respondent Corporation submits that he is not aware whether the petitioner has appeared before the Corporation and had put forth is case as observed by the Appellate Tribunal. Having considered the facts and circumstances of the case, this court directs the respondent no.4 the Vigilance Officer, Patna Municipal Corporation to dispose of the Vigilance Case No.24B/10 within six weeks from the date of receipt/production of a copy of this order. It would be open for the petitioner to appear before the respondent no.4 and put forth his submission that the construction has been carried out in accordance with bye-laws. If no order is passed by the respondent no.4 within six weeks from the date of petitioner’s appearance and filing his objection before him, the impugned order staying the construction of the petitioner’s apartment would stand vacated. With the aforesaid observations and directions, this writ petition stands disposed of. KHAN (S. P. Singh, J.)