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2011 Supreme(Pat) 388

Amarnath pandey – Appellant
Versus
Patna Municipal Corporation – Respondent


Advocates appeared:
For the Petitioners: M/s Sanjay Singh, Uma Kant Prasad (in 14023 & 12717); M/s Y.V. Giri, Raju Giri (in 12728); M/s Mrigank Mauli, Rajesh Mohan (in 12626).
For the State: M/s A. Amanullah, Arun Kr. Prasad (in 14023 & 12717).
For the Respondents: M/s Vinay Kirti Singh, Bishwa Bibhuti Kumar Singh (in all).
For the Intervener: Mr. Gajendra Pratap Singh (in 12626).

ORDER

1. Petitioner in these writ petitions are the land owner, developer, purchaser of a flat and tenant occupying the lower, ground, first floor of the building in question.•

2. Initially three of the aforesaid four writ petition(s) bearing C.W.J.C. Nos.12626 of 2007,12717 of 2007 and 12728 of 2007 was filed on 24.9.2007 challenging letter no.974 dated 11.7.2006, Annexure-4 of the Secretary, Patna Regional Development Authority (hereinafter referred to as the PRDA),' whereunder the Secretary, PRDA communicated the Offlcer-in-charge, Kotwali police station, Patna the order dated 11.7.2006 of the Vice-Chairman, PRDA asking the Officer-in-charge to ensure stoppage of further construction of the building in question. In those writ petitions notice dated 20.7.2006, Annexure-5 issued by the Officer-in-charge, Kotwali police station, Patna in compliance of the order of the Vice-Chairman, PRDA dated 11.7.2006 restraining further construction of the building in question was also challenged. In C.W.J.C. Nos.12717 of 2007 and 12728 of 2007 petitioners also questioned the notice and order dated 20.9.2007, Annexures-3, 3/A passed by the Municipal Commissioner, Patna Municipal Corporation (herei

















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