IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8370 of 2006 ***** Rajesh Kumar son of Shri Gopal Prasad Resident of Dr. Wazir Ali Road, Dhami Tala, Ward No.3, Holding No.62, Police Station – Kotwali, District-Gaya. …. …. Petitioner Versus 1. The State of Bihar. 2. Gaya Regional Development Authority through its Vice Chairman. 3. Vice Chairman, Gaya Regional Development Authority, Gaya. 4. The Chief Executive Office, Municipal Corporation, Gaya. 5. Kanhaiya Lal Sultania son of Shri Gopal Prasad, Resident of Dr. Wazir Ali Road, Dhami Tola, Police Station – Kotwali, District-Gaya. ----------- 6. 13.1.2009. The dispute raised in the present writ application is that the erstwhile Gaya Regional Development Authority has arbitrarily cancelled the sanction plan initially approved in favour of the petitioner in the year 2004. The challenge is to Annexure-1 dated 8.3.2006. Though time had been granted to file a counter affidavit but in view of the development that the Regional Authority has merged with the Municipal authorities at Gaya and not all the records is readily available, therefore, no affidavit has been filed by the municipal authority in the present case. However, to cut short the matter keeping in mind that by virtue of Annexure-1, there is some indication that the sanction of the map was obtained by misrepresentation at the relevant time, the Court remands the matter back to the Municipal Commissioner, Gaya Municipal Corporation that he shall take into consideration the sanctioned map which has been brought on record as Annexure-3 to the writ application, depute an Engineer to examine whether the map submitted by the petitioner is in conformity with the bye-laws and also whether any construction made, based on the said map, is in conformity with the bye- - 2 - laws. If it is so then appropriate approval would be granted in favour of the petitioner. If gross violations are pointed out then appropriate order may be passed afresh in the matter. The petitioner is also directed to furnish the original copy of the approved map to the respondents for verification of the claim of the petitioner in this regard. Since it is an old matter, it is hoped and expected that an early decision preferably within a period of three months shall be taken in the case. The writ application is disposed of with the above direction. Pawan/- (Ajay Kumar Tripathi, J.)