IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2862 of 2010 1. SARDAR GURU BUX SINGH SALUJA S/O LATE SARDAR MEHAR SINGH R/O MACHUA TOLI, BARI PATH, P.S. PIRBAHORE, DISTT.- PATNA Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, DEPTT. OF URBAN DEVELOPMENT AND HOUSING, GOVT. OF BIHAR, PATNA 2. THE PATNA MUNICIPAL CORPORATION, THROUGH THE TOWN COMMISSIONER HAVING OFFICE AT MAURYA LOK COMMERCIAL COMPLEX, DAK BUNGALOW ROAD, P.S. KOTWALI AND DISTT.- PATNA 3. THE TOWN COMMISSIONER, PATNA MUNICIPAL CORPORATION HAVING OFFICE AT MAURYA LOK COMMERCIAL COMPLEX, DAK BUNGALOW ROAD, P.S. KOTWALI AND DISTT.- PATNA 4. THE VIGILANCE OFFICER, PATNA MUNICIPAL CORPORATION HAVING OFFICE AT MAURYA LOK COMMERCIAL COMPLEX, DAK BUNGALOW ROAD, P.S. KOTWALI AND DISTT.- PATNA 5. DHRUV PRASAD CHANDRA S/O LATE S.K.CHANDRA R/O MOHALLA MACHUA TOLI, BARI PATH, P.S. PIRBAHORE, DISTT.- PATNA ----------- 2/ 02/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. The relief sought is for quashing the order dated 3.12.2009 passed in Vigilance Case No.12B of 2009 directing the petitioner to remove the offending construction failing which it shall be done so by use of force under the Bihar Municipal Act, 2007 ((hereinafter referred to as the Act). The Municipal Building Tribunal under Section-329 of the Act has been constituted and is functioning. It is competent to decide appeals against the orders in the vigilance case. Since the petitioner has already filed appeal No.1/10 before the Tribunal, the writ application is disposed with directions to the Tribunal to endeavour 2 and dispose off the appeal of the petitioner within a maximum period of four months from the date of receipt/production of a copy of this order. If the petitioner seeks any interim relief pending disposal of the appeal so that the lis may survive for adjudication by the Tribunal, the Tribunal is expected to consider the same in accordance with law expeditiously without delay. If so advised, the petitioner is at liberty to supplement his Memo. of Appeal by facts and evidence as he may be advised. KC ( Navin Sinha, J.)