IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9666 of 2011 Sanjay Kumar Singh, son of Late Bishwanath Singh, resident of Kannu Lal Road, East Jakkanpur, P.S. Jakkanpur, District Patna, Bihar…………………………………………………..Petitioner. Versus 1. The Patna Municipal Corporation, through the Municipal Commissioner, Patna, Maurya Lok Complex, P.S. Kotwali, District Patna. 2. The Estate Officer (Planning & Development) Patna Municipal Corporation, through the Municipal Commissioner, Patna, Maurya Lok Complex, P.S. Kotwali, District Patna……………Respondents. ---------------------------------- 06/ 20.09.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. In spite of several adjournments, no counter affidavit has been filed by the respondents due to which this court passed a specific order on 30.08.2011 that if by 13.09.2011 also no counter affidavit is filed on behalf of the respondents, the court shall be constrained to presume that they have got nothing to say against the facts stated in the writ petition. 3. This writ petition has been filed by the petitioner for the following reliefs:- (i) Directing the respondents to get the measurement of the super built up area appertaining to restaurant-II which is being constructed in the Maurya Tower under the Maurya Lok Complex as allotted to the petitioner. (ii) Directing the respondents to grant permission for registration and also execute the lease deed in relation to the space allotted to the petitioner for which the entire payments have been made long ago. (iii) For a direction upon the respondents to refund the excess amount as received by them for the reason that the super built up is less (as per the tentative measurement) than what was initially agreed to by the respondents to be leased out to the petitioner. - 2 - 4. Learned counsel for the petitioner further submits that every requirement has been fulfilled and all the formalities have been completed and in that view of the matter an interim order dated 20.07.2011 had been passed by this court giving liberty to the respondents authorities to measure and/or execute the deed lease in favour of the petitioner, if they find it proper even during the pendency of the writ petition. 5. There is nothing to show that the authorities have found anything improper in the claim of the petitioner. From a bare perusal of the claim raised by the petitioner in the writ petition, it transpires that his claim is just and proper and hence the respondents are duty bound to measure super built area appertaining to restaurant-II which is being constructed in the Maurya Tower under the Maurya Complex as allotted to the petitioner and to grant permission for registration and also to execute the lease deed in relation to the space allotted to the petitioner for which the entire payment has been made by the petitioner and to refund the excess amount received by them as the super built area is claimed to be less (as per the tentative measurement) than what was initially agreed between the parties, which must be complied expeditiously preferably within two months from today. 6. With the aforesaid directions/observations, this writ petition is thus allowed. Harish (S.N.Hussain, J.)