IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17645 of 2010 SHASHI BALA KESHRI . Versus PATNA MUNICIPAL CORPORATION & ORS . ----------- 02. 14.12.2010 Heard learned counsel for the petitioner and for the Patna Municipal Corporation. The petitioner is aggrieved by the order dated 31.7.2010 by which he has been directed to remove the constructions from his own lands. Learned counsel for the petitioner submits that the premises bearing Holding No. 4058, Khata No. 83, Plot No. 1167, Tauzi No. 1484, Ward No. 4 (old) located within the limits of the Municipal Corporation lies in the ownership of the petitioner through a registered gift deed executed in the year 1989. That there is a serious private property dispute between the petitioner and respondent nos. 3 and 4. A Vigilance Case No. 633 A of 2006 was started at the behest of respondent no.4, who claimed that the premises belonged to him on basis of a Power of Attorney. The controversy has led to proceedings under Section 107 Cr.P.C. and the Police reported the requirement of execution of a bond in a serious dispute with regard to lands. It is next submitted that the impugned order dated 31.7.2010 is without reason and any discussion for the justification by the Corporation to interfere in a 2 private land dispute and ordering removal of constructions by a person who claims rightful ownership in law. Learned counsel for the Corporation submits that the Vigilance Case No. 633 A of 2006 is still pending and the petitioner may appear there and file his objection. If the Vigilance Case is still pending, it is difficult to appreciate how orders for demolition have been passed without a final adjudicatory disposal of the Vigilance Case. Furthermore, the Corporation is not concerned with disputes of title and rival competing claims to ownership of the lands. The Corporation is primarily concerned with the nature of the construction made, whether it is with the sanction of the law or not. Learned counsel for the Corporation is unable to satisfy the Court of any provision in the Bihar Municipal Corporation Act, 2007 empowering the Corporation to enter into a private dispute for deciding title and stop construction or ordering removal of construction as a solution to the same. In view of the aforesaid, order dated 31.7.2010 directed against the petitioner is set aside. Let, the Vigilance Case be disposed off by a reasoned and speaking order in light of the aforesaid discussion 3 after due hearing of respondent nos. 3 and 4 also within a maximum period of three months from the date of receipt/production of a copy of this order. The application stands allowed. P.K. ( Navin Sinha, J.)