DEV NARAYAN BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Suraj Narayan Yadav, learned counsel for the petitioner, Mr. Prince Kumar Mishra, learned counsel for the Purnea Municipal Corporation and Mr. Ashutosh Kumar Upadhyay, learned counsel for the State.

(2.) The petitioner claimed to be the owner of the land, in question, pertaining to Khata no. 2, Khesara No. 258 (d) ([k) (x) (/k), holding no.52/99, which are said to have been purchased through four sale deeds, all dtd. 21/12/1996.

(3.) It is submitted that the petitioner got the plan/map sanctioned for the building vide Plan Case No. 790 of 2013-14, however, while the construction was going on, in the meantime, some of the residents made complaint to the respondent no.3. Thereafter show-cause notices were issued to the petitioner and in response thereto the petitioner submitted his explanation. However, despite the pendency of the explanation, when no action was taken, the petitioner filed writ petition, bearing C.W.J.C. No. 5040 of 2021, wherein the petitioner also assailed the communication dtd. 28/9/2020, issued by the Municipal Commissioner, Purnea Municipal Corporation, whereby the petitioner was asked to submit his explanation and in the meanwhile, the petitioner was restrained to make construction.