The petitioner has a very serious grievance. He complains violation of constitutional right provided under Article-300 A of the Constitution, whereby his right to construct on his own property has been virtually taken by the Station House Officer of Gardanibagh Police Station, Patna who has absolutely no authority in law in this regard. Attention is drawn to the impugned order, as contained in Annexure-4, issued by the Inspector of Police-cum-Officer-in-Charge of Gardanibagh Police Station, Patna to the petitioner, stating that as per the order of this Court in C.W.J.C. No.8152 of 2013 and as per Memo No.2262 dated 24.05.2013 issued by the Town Commissioner, Patna, the petitioner should stop construction of apartment and multistoried building where the lane is less than 20 feet. It is not alleged that the petitioner is constructing building higher than 11 meters or the road abutting petitioner’s plot is less than 20 feet.

2. Petitioner’s assertion is that firstly that so far as the Police Officer is concerned, he has no authority in law either under the Patna Municipal Corporation Act or under any other law, for the time being enacted and in force to pass such an order. He could at best pass such an order only if the Municipal Authorities had come to a finding that petitioner’s building was in contravention to either any provisions under the Patna Municipal Corporation Act or Building Bye-laws framed thereunder or was in violation of any order of any competent Court. Therefore, the first query is whether there is any order specific to the petitioner passed by the Patna Municipal Corporation in this regard.

3. Mr. H.S. Himkar, learned counsel for the Patna Municipal Corporation and the Town Commissioner, Patna Municipal Corporation, frankly concedes that there is no such order or evaluation done by the Corporation in this regard. There is no order of the competent Municipal Authority at all in respect of the petitioner. Municipal Authority cannot and have not delegated their statutory authority to the police. In my view, that is sufficient to dispose of this writ petition. However, attention of this Court has been drawn to the Division Bench order passed by this Court in C.W.J.C. No.8152 of 2013 wherein the Division Bench has held thus:–

“….We therefore direct that till further orders no apartment Complex or multistoried building can be constructed beyond 11 meters and up to 15 meters in height unless the entire stretch and length of road in front abutting the building is uniformly and throughout 20 feet in width….”

4. A plain reading of what the Division Bench has held is that the land available in front of the building being constructed, in the shape of the road, must not be less than 20 feet all along the boundary of the plot. It does not mean and it cannot mean that if at any other point someone has encroached or reduced the road, petitioner would suffer. Further, the restriction is that no building beyond 11 meters in such constricted lane can be constructed and not that no building at all can be constructed. Petitioner’s building is G+3, less than 11 meters. The order of this Court, however, directs the civil authorities and the police authorities to assist the municipal authorities in enforcement of the bye-laws. This Court never directed or invested the police officer to act as a Municipal Commissioner to assess the validity of plans or construction. For this, the Legislature has specifically conferred this power only on the Municipal Authorities. In the garb of assisting the Municipal Authorities without any order from the Municipal Authorities, the police cannot take upon itself the onus of becoming guardian of law and start enforcing the Municipal Act without appropriate order in this regard by the Municipal Authorities who in law are the competent authority in that matter.

5. As exemplified by this case, there is no order of Municipal Authority directing petitioner to stop the construction. Petitioner’s sanctioned p