IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9521 of 2011 Md.Danis son of Md. Arif Hussain, resident of Jamun Gali, Sabzibagh, P.S. Pirbahore, District Patna …….. Petitioner Versus 1.The State Of Bihar through District Magistrate, Patna 2. Commissioner, Patna Municipal Corporation, Patna 3. Superintendent of Police, Patna 4. Officer-in-Charge, Pirbahore Police Station, District Patna 5. Owner/M.D. Nisat Heritage Infrstructure Apartment, Jamun Gali, Sabzibagh, P.S. Pirbahore, District Patna 4 1.12.2011 In the instant writ application the petitioner seeks a direction to restrain the Respondent no.5 from making construction of Nisat Heritage Infrastructure Apartment in Mohalla Sabzibagh, P.S. Pirabhore, District Patna over Plot No.229, Ward No.39, Circle No.15, Holding No.68/56/3. The case of the petitioner in short is that a construction is being made by respondent no.5 in utter violation of the Buildings Bye- laws ignoring the set back including both frontal as well as set back. The petitioner in his petition has also alleged other violations of Buildings Bye-laws. This court by order dated 12.7.2011 issued notice to Respondent no.5 as well as granted an opportunity to the Patna Municipal Corporation to file counter affidavit. Respondent no.5 since then appeared and file counter affidavit. However, no counter affidavit has been filed on behalf of the Corporation though more than four months’ time has elapsed. Counsel for the Corporation submits that the matter may be remitted to Respondent no.2 for disposal in accordance with law. Without expressing any opinion on the merits of the 2 allegations made by the petitioner, I propose to remit the matter to Respondent no.2, the Commissioner, Patna Municipal Corporation, Patna. The petitioner may file a representation before him within ten days from today giving details of the violations made in course of construction of the aforesaid Apartment. Ten days further time is also granted to respondent no.5 as well to file its reply. The respondent no.2 would cause a preliminary enquiry done by the Vigilance Wing. It will be open both for the petitioner as well as respondent no.5 to produce their relevant documents and place their case in course of enquiry. The officials making an enquiry would be required to take an on spot stock of the construction. In case if the preliminary enquiry discloses deviation other than a minor nature, the respondent no.2 would cause a regular Vigilance case to be instituted with a ban on construction. However, in course of preliminary enquiry if no deviations other than a minor nature are noticed, the respondent no.5 would be at liberty to continue with the construction. The preliminary enquiry must be concluded within seven weeks from today. Any construction made in the meantime would be at the own risk of respondent no.5. However, if no enquiry is concluded within a period of seven weeks from today, status quo as existing on the last date would be maintained. With the aforesaid observations and directions, this writ petition stands disposed of. Let a copy of this order be communicated through fax to the respondent no.2, the Commissioner, Patna Municipal Corporation, Patna at the cost of the petitioner. KHAN (S.P. Singh,J) 3