IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9411 of 2009 Ajay Krishna, Son of Late Surendra Prasad Singh, Resident of Gopalpur House, New Area Nawadah, PS and District Nawadah. ------ Petitioner. Versus 1. The State Of Bihar through the Secretary, Department of Urban Development, Government of Bihar, Patna. 2. The District Magistrate, Nawadah. 3. The Sub-divisional Officer, Nawadah Sadar, Nawadah. 4. The Executive Officer, Nagar Parishad, Nawadah. 5. The Junior Engineer, Nagar Parishad, Nawadah. 6. Vijay Kumar Sinha @ Sona Babu, Son of Late Lal Babu, Resident of Mohalla New Area Nawadah, Near State Bank of India, PS. + District Nawadah. ------ Respondents. ----------- 4 21.10.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Nobody appears for the Parishad or for respondent no. 6. The petitioner has challenged the order passed on 31.10.2008 by which the Parishad has held that 20 feet wide lane between the house of the petitioner and the respondent no. 6 Vijay Kumar Sinha @ Sona Babu is actually the land of respondent no. 6. The background of the case is that respondent no. 6 was making construction on the 20 feet wide lane. The petitioner objected to the construction and Case No. 1 of 2006-07 was registered. By the order as contained in Annexure-3, the Executive Officer of the Nawadah Municipality held that the construction was being made without getting the sanction 2 from the Nagar Parishad, Nawadah. Subsequently, the respondent no. 6 filed a map for sanctioning of the construction. The petitioner appeared. The matter was heard and after hearing the matter on measurement, the Nagar Parishad held that 20 feet wide land belonged to Vijay Kumar Sinha @ Sona Babu. The petitioner challenges this order and says that once the proceeding has concluded, there was no occasion to reopen the proceeding. I do not agree with the submission of the petitioner inasmuch as the respondent no. 6 was perfectly within his rights to prepare a map and get it sanctioned by the Nagar Parishad for further addition to his house. The only rider that this Court would like to observe is that the respondent no. 6 and the Nagar Parishad should see to it that respondent no. 6 adheres to the set off which is required to be maintained while making any further constructions or additions to his house. This writ application is thus, disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)