IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.264 of 2008 RAM NATH YADAV Versus M/S J.C.C.BUILDCON(I)PVT.LTD.& ----------- For the appellant : Mr. Ray Saurabh Nath For the respondents: Mr. J.P.Karn.AAG 9 Mr.Pawan Kr. Mishra P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 1st July, 2008 After having heard the counsel for the appellant, we are satisfied that the following order shall meet the ends of justice: i) The Commissioner, Patna Municipal Corporation or for that matter the competent authority of Patna Municipal Corporation shall examine as to whether the construction by the respondent no.1- M/S J.C.C. Buildcon (I) Pvt. Ltd.,(original writ petitioner) on plot no.703 ( or part of it), Thana no.6, Mauza Lohanipur, Chandmari Road, Patna, after leaving the piece of land allegedly belonging to the present appellant meets the requirement of law, particularly by-laws framed in this regard by the Patna Municipal Corporation. ii) The aforesaid exercise shall be completed by the Municipal Commissioner or the competent authority of the Patna Municipal Corporation within two weeks 2 from today. Until then the status quo as on today shall be maintained by the respondent no.1 iii) If by leaving the piece of land allegedly belonging to the appellant, the sanctioned plan needs modification to bring the same in conformity with the by-laws, the Municipal Commissioner or the concerned authority of the Patna Municipal Corporation shall pass an appropriate order in this regard. iv) The respondent no.1 (original writ petitioner) shall then be free to proceed with the construction as per the order that may be passed by the Municipal Commissioner or the concerned authority of the Patna Municipal Corporation in the light of observations aforemade. The order passed by the single judge stands modified to the aforesaid extent. The letters patent appeal stands disposed of. This disposes of all pending applications as well. Neyaz R.M. Lodha, CJ. Kishore K. Mandal, J