ASTERISK HOME PVT LTD THROUGH IT S ONE OF DIRECTOR Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPART

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Patna Municipal Corporation.

(2.) In the instant writ petition, the petitioners have challenged the order dated 104.2014 passed by Municipal Commissioner, Patna in Vigilance Case No. 219(A) /2013 by which the petitioners have been directed not to make any construction over and above the second floor.

(3.) The facts of the case are not disputed rather they stand admitted. Petitioner No. 1 is a private limited company incorporated under the Indian Companies Act, 1956 and petitioner no. 2 is one of its directors. The company is engaged in development of property and construction of multi-storeyed building. It entered into an agreement with the land owner for construction of a multi-storeyed building over a piece of land measuring 3 kathas and 6 dhurs in the vicinity of Jhunjhun Mahal, Yarpur, Patna. It applied for sanction of building plan, which was sanctioned by the respondents for construction of building consisting of Ground +3 floors upto a height of 10.99 metres vide Plan Case No.19721/35/R-04-25/9-11-11/PMC. Initially, an order was passed by the Inspector of Police-cumOfficer-in-Charge of Gardanibagh Police Station to stop construction of apartment and multi-storeyed building, as it was constructed at a place where lane was less than 20 feet. The order passed by the Inspector of Police was challenged by the petitioners before this Court vide CWJC No.23845 of 201 A Bench of this Court, vide order dated 10.12.2013, allowed the writ petition holding the order passed by the Inspector of Police-cum-Officer-in-Charge of Gardanibagh Police Station as unconstitutional, illegal and unwarranted. The order passed by the learned Single Judge in CWJC No.23845 of 2013 was challenged by the Patna Municipal Corporation before the Division Bench of this Court vide Letters Patent Appeal No. 774 of 2014, but the same was dismissed on 02.08.2014 for non-compliance of the order passed by the Division Bench whereby the Municipal Corporation was directed to take steps for service of notice upon respondent nos. 1 and 2.