KARTIK LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 4th of October 2005 passed in C.W.J.C. No. 9484/ 2004 and Civil Review Nos. 161 and 162 of 2005, whereby the appellant was directed to remove the part of the construction, which had not been authorised or sanctioned, within 18th of October 2005, with a direction upon the respondent Municipality to have the building of the respondent no. 4. -appellant inspected on 19th of October 2005 and to ascertain whether the offending part of the building has been removed by the appellant or not, and if not, to remove the same on 20fh of October 2005. The Superintendent of Police, Begusarai was directed to provide adequate armed force to the officers of the Municipality on 19th October 2005 and on 20th October 2005 for the purpose of carrying out the directions as above.

(2.) THE undisputed fact is that the appellants land is adjacent to the house of respondent no. 4. The appellant made construction on his land without leaving any open space between his house and the house of respondent no. 4. The appellant also opened big windows towards the house of respondent no. 4 and those windows open in the land belonging to respondent no. 4. The respondent no. 4 approached the Municipality and complained that the appellant has made construction of house in violation of the Bihar & Orissa Municipal Act, 1922, in short the Act, and requested to take appropriate action in accordance with law on which a case was registered but no action was taken and, as such, respondent no. 4. -the writ petitioner, filed the abovementioned writ petition for removal of the constructions, which are contrary to the sanction granted by the Municipality.

(3.) THERE is no dispute that in the back of the house constructed by the appellant, there is land and house of the respondentwrit petitioner. The appellant, against the interim order dated 21.7.2005, preferred L.P.A. No. 805/2005. The said L.P.A. was dimissed on 3.8.2005. Thereafter two review petitions were filed before the learned Single Judge. The learned Single Judge heard the writ petition and the two civil review petitions together and disposed of all the cases together by the order impugned.