IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14513 of 2009 1. ER.SANJAY KUMAR JHA S/O SRI DEVENDRA NATH JHA VILL, P.S AND SUB- DIVISION- MANIHARI, DISTT- KATIHAR, BIHAR, PRESENTLY CHAIRMAN , BIHAR STATE EMPANELLED GRADUATE CIVIL ENGINEERS ASSOCIATION, BIHAR REGIONAL DEVELOPMENT AUTHORITY BIHAR(NOW PATNA MUNICIPAL CORPORATION ) HAVING LICENCE NO. 10 OF 95 Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT AND HOUSING GOVT. OF BIHAR 3. PATNA MUNICIPAL CORPORATION THROUGH MUNICIPAL COMMISSIONER MAURYA LOK, PATNA 4. PATNA REGIONAL DEVELOPMENT AUTHORITY (DISSOLVED NOW UNDER THE CONTROL OF PATNA MUNICIPAL CORPORATION ----------- 3. 11.02.2011 Heard learned counsel for the petitioner, for the State and for the Patna Municipal Corporation. The controversy in this case relates to the claim by the petitioner a person holding the qualification of Civil Engineering to be empanelled as an Architect for approval of building plans under the Bihar Municipal Act, 2007. Learned counsel for the petitioner submits that as a Civil Engineer he holds qualification similar if not superior to those registered under the Architects Act and therefore the Authority should also confer upon them to approve passing of building plans under Section 314 of the Bihar Municipal Act, 2007 (hereinafter referred to as the ‘Act’) Counsel for the respondents submits that under Section 314 of the Act is it specifically provided that 2 approval of the building plans can be given only by those certified Architects registered under the Architect Act, 1972. If the legislature in its wisdom has chosen to confine that power, limit it and specified it to a certain category of persons only, there is no occasion for the Court to rewrite the legislative provision which authority the Court does not possess. The question sought to be raised on behalf of the petitioner that he holds a qualification equivalent if not superior is a matter to decide by the authorities themselves. If the petitioner is so advised, he may represent before the Urban Development Department which is expected to be considered and disposed off in accordance with law preferably within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)