IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13941 of 2011 1. Laxman Prasad S/O Late Raghunandan Prasad R/O Vill.- Bakraur, P.O. & P.S.- Bodh Gaya, Distt.- Gaya Versus 1. The State Of Bihar Through The Principal Secretary Department Of Urban Development And Housing, Govt. Of Bihar, Patna 2. Nagar Panchayat, Bodh Gaya Through Its Executive Officer, Bodh Gaya 3. Nagar Executive Officer, Nagar Panchayat, Bodh Gaya 2 15.9.2011 The petitioner prays for quashing of the notice no.702 dated 2.5.2011 contained in Annexure-8 and consequential notice dated 1.8.2011 contained in Annexure-9 whereby he has been directed to demolish the illegal construction of his Hotel within 72 hours failing which the same would be demolished by the respondents. The petitioner submits that earlier the Executive Officer, Nagar Panchayat, Bodh Gaya issued a vague notice dated 4.4.2011 (Annexure-6) to show cause why portion of his Hotel be not demolished for violation of sections 313 and 314 of the Bihar Municipal Corporation Act, 2007. The petitioner gave a detailed reply on 5.5.2011, contained in Annexure-7. The grievance of the petitioner is that without considering the show cause and without specifying the deviation or illegality in construction of Hotel, the impugned notice dated 2.8.2011 has been issued directing the petitioner to remove the alleged illegal construction. Counsel appearing on behalf of Respondent nos.2 and 3 submits that in fact the petitioner filed his reply belatedlyon 2 5.8.2010 which fact is controverted by learned counsel for the petitioner. The impugned notice dated 2.8.2011 contained in Annexure-8 is not clear regarding the specific illegality committed by the petitioner in construction of Hotel. The impugned notice does not disclose whether the petitioner has made construction in excess of sanctioned Map or in violation of bye laws. Having considered the facts and circumstances of the case and on going through the materials on record, it would be open for the respondents to issue a supplementary notice to the petitioner pointing out the violation committed by him in construction of Hotel within two weeks from today. In case any such notice is issued, the petitioner should file his reply within three weeks thereof. In any view of the matter, the respondent no.3, the Nagar Executive Officer, Nagar Panchayat, Bodh Gaya would dispose of the objection made by the petitioner by a speaking order expeditiously within two months from the date of filing of the reply by the petitioner after affording him reasonable opportunity of being heard to him. In the meanwhile, neither the petitioner would make any addition of construction nor the respondents would demolish any portion of the Hotel till the matter is finally adjudicated by the Respondent No.3. With the aforesaid observations and directions, this writ petition stands disposed of. KHAN (S. P. Singh, J.) 3