The petitioner is a builder-cum-developer and has entered into an agreement with the land owners for development of their property and construction of a Multi-storied building on a piece of land bearing Khesra No. 225, Sheet No. 63, Thana No. 139 Ward No. 6 in Mauza-Mohaerrampur presently Bhawarpokhar, Police Station Pirbahore in the town and district of Patna.

2. The petitioner by filing this writ petition under Article 226 of the Constitution of India has questioned the order dated 25.7.2014 passed by the Municipal Commissioner in Vigilance Case No. 51A of 2013 whereby the constructions of the third floor having been found in deviation of the sanctioned map and the municipal bye-laws that the same has been declared illegal requiring the petitioner to demolish the same. Some other irregularities as well has been found on the third floor as well as in the setbacks. The order passed by the Municipal Commissioner stands confirmed in the order dated 4.3.2015 by the Municipal Building Tribunal-II, Patna in Appeal Case No. 42 of 2015 and the petitioner being aggrieved is before this Court.

3. Mr. Sanjay Singh learned counsel has appeared for the petitioner while the State is repre