Ramaswami, J.

1. In this case the petitioner, Sri Kashi Prasad Kataruka, obtained a rule from the High Court calling upon the respondents to show cause why a writ in the nature of certiorari or mandamus should not be issued to quash the order of the Patna Municipal Corporation dated the 2nd February, 1955, renewing the sanction of the building plan of respondent No. 1 and also the order of the District Magistrate of Patna dated the 6th October, 1954, approving the same building plan under Sec. 6 of Bihar Act XXIII of 1948.

2. The petitioner is the owner of a building on the southernside of the Gandhi Maidan in the town of Patna, The holding of the petitioner is holding No. 283 of circle No. 6, and respondent No. 1, Eibi Allay Patma alias Bibi Sofia Khatoon, is the owner of the adjacent holding no. 283A/3 of circle No. 6. Respondent No. 1 obtained the sanction of the Patna City Municipality for her building plan on the 6th of January, 1951. A copy of this plan is annexure A of the Engineers affidavit, dated the 15th of February, 1956. The affidavit is sworn by the Engineer Mr. Bhattacharjee, who made an inspection of the building of respondent No. 1 on behalf of the petition