KRISHNA KUMAR GIRI Vs. VICE CHAIRMAN PATNA

JUDGEMENT

(1.) THE Authority has refused to give its sanction to the construction plan submitted by the petitioner. The order of refusal was communicated to the petitioner by letter no.2493 dated 21.7.1998 (Annexure -7). From this letter it appears that the the sanction was refused solely on the ground that the petitioner did not submit any document showing mutation of his name in respect of the place of land in question in the revenue records.

(2.) THE action of the respondents in refusing to accord sanction on that ground is patently illegal and unsustainable in law.

(3.) IN view of the aforesaid Division Bench decision, the decision of the Authority to withhold sanction to the Raj Kumar Ram Versus State Of Bihar construction plan submitted by the petitioner is set aside and the Authority is further directed to consider the petitioner 'sapplication for sanction in accordance with law and to pass a final order on his request for sanction within a month from the date of receipt/production of a copy of this order.