IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8055 of 2006 Kailash Kumar Mahto, S/o Sri Kusheshwar Prasad Mahto. Resident of Mohalla – Laxmipur Balbhadrapur (B.K. Road), P.O. & P.S. Laheria Sarai, District Darbhanga …. …. Petitioner Versus 1. The State Of Bihar 2. The Commissioner cum Secretary, department of Urban Development, Govt. of Bihar, Patna 3. The Commissioner Darbhanga cum Chair-Man Darbhanga Regional Development Authority, Darbhanga 4. The Collector, Darbhanga 5. The Vice Chairman Darbhanga Regional Development Authority, Darbhanga 6. The Sub Divisional Magistrate, Darbhanga 7. The Chief Executive Officer Darbhanga Municipal Corporation Darbhanga 8. The Superintendent of Police Darbhanga 9. The Officer I/C Laheria Sarai Police Station Dt. Darbhanga 10. Ratan Mishra, S/o late Vishnu Kant Mishra, resident of Village Darhar, P.S. Bahadurpur, District Darbhanga 11. Sanjay R. Kumar, S/o Sri Raghunath Prasad, resident of Balkishunganj, P.O. Guljarbag, P.S. Alamganj, District Patna. Properitor C.S. Ware House Balbhadra Pur Laheria Sarai, District Darbhanga ….. ….. Respondents ----------- 04/ 10.05.2011 Heard learned counsel for the petitioner and the counsel for the Darbhanga Municipal Corporation, the Successor Body of the Darbhanga Regional Development Authority (hereinafter referred to as the DRDA). 2. This writ petition has been filed alleging violation of the Bihar Regional Development Authority Act, 1981 by Respondent nos. 10 and 11 as they proceeded to raise a building over plot nos. 2214 and 2215 2 measuring an area of 11 dhurs in Mouza Balbhadrapur- Laxmipur within the town of Darbhanga without obtaining sanction of the building plan for raising the said building. Aforesaid illegal construction was brought to the notice of the authorities of the DRDA whereafter notice was issued to Respondent nos. 10 and 11 and after hearing them stay order was passed, but ignoring the said order, it is submitted that the building has been completed in which initially ware house was established which has now been converted into a hotel in the name and style of Sardar Dhawa. 3. From paragraph 9 of the counter affidavit, it appears that after having heard the grievances of the petitioner and the case of Respondent nos. 10 and 11, the authorities of the DRDA had stayed further construction. The counter affidavit does not admit that the construction of the building has been completed ignoring the stay order passed by the authorities of the DRDA. 4. Having heard counsel for the parties, I direct the Municipal Commissioner, Darbhanga to visit the site in question and to verify for himself whether construction has been completed ignoring the stay order passed by the 3 authorities of the DRDA. In case after verification the Commissioner is satisfied that the building has been raised without sanction of the building plan then he is directed to proceed in accordance with law and if the building is contrary to the building bye-laws then to proceed with the demolition of the illegal construction. 5. Appropriate order in this regard be passed by the Municipal Commissioner, Darbhanga as early as possible, in any case within two months from today. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)