SUBRATO GHOSH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN this writ petition, petitioner is aggrieved by the orders of the Vice - Chairman as well as Appellate Tribunal, P.R.D.A., contained in Annexures 6 & 7 with respect to Vigilance Case started against the petitioner for the alleged unauthorised construction of two floors situated at Rajendra Path (Station Road), whereby and whereunder the order of the Vice -Chairman to execute the demolition has been affirmed.

(3.) IT appears that the petitioner also filed an application for post -facto sanction on payment of requisite fee and fine which has also been rejected vide order dated 31.5.2000, the validity of which has been challenged by the petitioner in l.A. No. 3528 of 2000 being annexed as Annexure -2 to the said petition, on the sole ground that the construction of 2nd and 3rd floor of the building in question was without any sanction by the P.R.D.A. and are unauthorised construction. However, the authority has not considered the request made by the petitioner for post - facto sanction as per the provisions contained in the bye -laws. The petitioner has also annexed the copies of photograph of the building in question to show that there was only one floor constructed since after the purchase of the premises in question which had ground floor and first floor.