SARIKA KUMAR SINHA Vs. CHAIRMAN, MUNICIPAL BUILDING TRIBUNAL

JUDGEMENT

(1.) Heard Mr. Ankit Katriar, learned counsel for the petitioner and Mr. Prasoon Sinha, learned counsel representing the Patna Municipal Corporation.

(2.) The petitioner, claimed to be the owner of Flat No. 501 in the subject Apartment, namely, 'Prashray Villa' , filed the present writ petition by invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India seeking quashing of the order dtd. 28/4/2022, passed in Appeal No. 5(S) of 2019, by which the learned Municipal Building Tribunal has been pleased to dismiss the petitioner's impleadment petition.

(3.) It is submitted on behalf of the petitioner that the building, in question, in which the petitioner is one of the occupant, was constructed in terms of the revised approved building plan/map dtd. 27/5/2009 (Annexure- P/1). A complaint was filed by one Sanjeev Kumar Pandey and other flat owners of the subject apartment that builder has constructed two additional floors after the construction plan/map, besides other alleged irregularities, which resulted into institution of Vigilance Case No. 26B of 2015. The aforesaid Vigilance Case No. 26B of 2015 was disposed of vide order dtd. 16/1/2019 with the following directions: