RAJESH JAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has moved the Court for a direction to the respondents, especially respondent no. 3, to take action for removal of illegal construction by respondents no. 8 and 9, in light of his decision dated 17.08.2015 contained in Memo No. 3023/Bha.Na.Ni.

(3.) The matter relates to alleged violation in the construction of a multi storied apartment by the respondents no. 8 and 9 in the town of Bhagalpur. When the construction was in progress, the petitioner had approached the respondent no. 2 making complaint that the same was in violation of the sanctioned plan in the year 2012. Pursuant to the same, a notice was sent to the respondent no. 8 in which there was a direction to stop the illegal construction. Thereafter, finally, the matter, which was pending before the respondent no. 2, was disposed off by the order impugned in which it has been stated that on the right and rear side of the building, there was deviation in set-back and accordingly, it was directed that as per the law, the condonation fee may be given with regard to the portion for which condonation is permissible and the rest should be removed. When the same remained unimplemented, the petitioner moved this Court in the present writ application.