IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15214 of 2010 1. VEENA SINHA W/O DR. ANIL KUMAR SINHA R/O 'RADHA KUNJ APARTMENT', 4TH FLOOR, ANUGRAH NARAYAN PATH, P.S.- SHRI KRISHNAPURI, PATNA-800013 2. DR. ANIL KUMAR SINHA S/O LATE RADHA RAMAN PRASAD SINHA R/O 'RADHA KUNJ APARTMENT', 4TH FLOOR, ANUGRAH NARAYAN PATH, P.S.- SHRI KRISHNAPURI, PATNA- 800013 Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT & HOUSING, GOVERNMENT OF BIHAR, 'VIKASH BHAWAN', 1ST FLOOR, ROOM NO. 101, JAWAHAR LAL NEHRU MARG, PATNA-800015 3. THE MUNICIPAL COMMISSIONER PATNA MUNICIPAL CORPORATION, MAURYA LOK, 'C' - BLOCK, 2ND FLOOR, P.S.- KOTWALI, PATNA-800001 4. SHRI SHIVA SHANKAR CHOUDHARY S/O LATE RAM CHANDRA CHOUDHARY R/O FLAT NOS. 3C, 2C & 2D RESPECTIVELY IN 'RADHA KUNJ APARTMENT', ANUGRAH NARAYAN PATH, P.S.- SHRI KRISHNAPURI, PATNA-800013 5. SHRI PANKAJ KUMAR S/O LATE BAIDYARATH PRASAD SINGH R/O FLAT NOS. 3C, 2C & 2D RESPECTIVELY IN 'RADHA KUNJ APARTMENT', ANUGRAH NARAYAN PATH, P.S.- SHRI KRISHNAPURI, PATNA-800013 6. SHRI SATYENDRA KUMAR SINHA S/O SHRI JAGANNATH PRASAD SINHA R/O FLAT NOS. 3C, 2C & 2D RESPECTIVELY IN 'RADHA KUNJ APARTMENT', ANUGRAH NARAYAN PATH, P.S.- SHRI KRISHNAPURI, PATNA-800013 ----------- 3/ 20/05/2011 Heard learned counsel for the petitioner, the Patna Municipal Corporation and the private respondents. The petitioner, land owner, who has entered into a development agreement with a builder is aggrieved by the final order dated 10.8.2010 holding that the construction of a Ground+four storied structure in lieu of Ground+three sanctioned was contrary to the law. Learned counsel for the private respondents submits that in fact constructions have been made beyond G+four. Learned counsel for the Patna Municipal Corporation invites the attention of the Court to Section-329 providing for a Municipal Building Tribunal 2 and submits that appeal lies before the Tribunal from the orders passed in the vigilance case. If there is an alternative statutory remedy available, the question of this Court usurping the powers of the appellate authority does not arise. The application is disposed with the observation that if so advised the petitioners may avail their remedies before the Municipal Building Tribunal. As submitted on behalf of the petitioners, if the petitioners file any application for interim relief, pending disposal of the appeal by the Tribunal, the Court expects the Tribunal to consider the interim matter at its earliest convenience. The application stands disposed. KC ( Navin Sinha, J.)