IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6628 of 2010 Md.Jalaludin S/O Late Sheikh Iftekhar Hussain R/O Moh Salapatganj, Gudari Bazar, P.S.Bhagwan Bazar, Distt- Saran(Chapra) Versus 1. Chapra Nagar Parishad Through Its Commissioners Chapra, Saran 2. The Executive Officer Chapra Nagar Parishad, Chapra , Saran 3. The Chairman Chapra Nagar Parishad, Chapra, Saran ---------------------- 02/ 14.09.2011 Heard Mr. Arun Kumar Rai, learned counsel appearing on behalf of the petitioner and Mr. Rakesh Kumar Tiwary, learned counsel appearing on behalf of the respondent Chapra Nagar Parishad and its functionaries. The petitioner has filed this writ petition seeking direction to the respondents more particularly the respondent no. 2, the Executive Officer, Chapra Nagar Parishad for sanctioning the building plan of the petitioner for construction of his building over a plot of land bearing plot no. 112, holding no. 692/712 of tauzi no. 4180 measuring two katha and 19 dhurs situated in ward no. 6 (old)/7(new), circle no. 23 at mohalla-Salapatganj, Gudari Bazar in the District of Saran. It is the case of the petitioner that the respondent Nagar Parishad had all along raised objections as regarding the title and possession of the petitioner over the plot in question leading to a Title Suit No. 117 of 1976 filed by the petitioner and his co-sharer for declaration of title and confirmation of the possession over the land in question, but the learned Subordinate Judge-II, Chapra by judgment and decree passed on 23.9.1991, dismissed the suit. 2 The petitioner preferred an appeal giving rise to Title Appeal No. 90 of 1991 as well as the respondent defendant no. 2 preferred a cross appeal which was subsequently withdrawn. It is the case of the petitioner that by a judgment and decree dated 3.6.1993 passed by the IVth Additional District Judge, Saran, the Title Appeal No. 90 of 1991 was allowed and the title and possession of the petitioner over the land in question was confirmed. A second appeal preferred by the defendant giving rise to Second Appeal No. 328 of 1993 before this Court was dismissed on 15.3.2000. It is stated that as a consequence of the conclusive finding by the Civil Court of competent jurisdiction the petitioner applied for recording of his name in respect of the land in question in the municipal record giving rise to Case No. 237 of 2002 and whereafter his name has also been entered in the municipal record. It is the case of the petitioner that despite the aforesaid clear possession, the application of the petitioner for according sanction of the map for construction of the building was not being entertained and by reason whereof the petitioner was constrained to file a writ petition in this Court giving rise to C.W.J.C. No. 8294 of 2003 which was disposed of by a Bench of this Court on 18.8.2003 with a direction to the respondent Municipality to consider the grievance of the petitioner and pass a final order. It is contended that the Executive Officer respondent no. 2 by order dated 8.9.2003 has rejected the map of the petitioner, inter alia, on grounds of pendency of certain civil suits. Learned counsel for the petitioner submits that by a representation dated 16.1.2010, the attention of the Executive 3 Officer, Nagar Parishad, Chapra was drawn towards the fact that no civil suit was pending in relation to the plot in question and that the name of the petitioner had also been mutated in the relevant municipal record and thus there was no obstruction in according sanction to the building plan. As the application of the petitioner was not responded to by the Executive Officer, Chapra Nagar Parishad positively, hence the present writ petition. Having heard learned counsel appearing on behalf of the petitioner and Mr. Rakesh Kumar Tiwary, learned counsel appearing for the Chapra Nagar Parishad, the writ petition is disposed of with a direction to the respondent no. 2, the Executive Officer, Nagar Parishad, Chapra to dispose of the representation of the petitioner dated 16.1.2010 placed at Annexure-3 of the writ petition in the light of the contentions advanced on behalf of the petitioner as also taken note of hereinabove, in accordance with law and within a period of eight weeks from the date of receipt/production of a copy of this order after affording opportunity of hearing to the petitioner. S.Sb/- (Jyoti Saran, J.)