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2016 Supreme(Pat) 167

JYOTI SARAN
Tirupati Homes Pvt. Ltd. – Appellant
Versus
Municipal Building Tribunal – Respondent


Advocates Appeared:
For the Petitioner:Mr. Y.V. Giri, Senior Advocate and Mr. Binod Kumar Sinha, Advocate.
For the Respondent:Mr. Prasoon Sinha, Advocate.

JUDGMENT :

JYOTI SARAN, J.

The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order dated 16.2.2015 passed by the Municipal Building Tribunal hereinafter referred to as the Tribunal) in Appeal No. 35 of 2014 whereby the appeal has been dismissed and the order dated 10.7.2014 passed by the Municipal Commissioner in Vigilance Case No. 139A of 2013 has been affirmed, copy of the orders are impugned at Annexures 6 and 7 respectively.

Facts of the case briefly stated is that the petitioner entered into a development agreement with Pradip Kumar Srivastava, Arbind Kumar Maldahiyar, Krishna Kumar Sinha and Dhiraj Kumar Sinha for development of Plot Nos. 19 and 20 situated at Mohalla- Kidwaipuri in the town and district of Patna having an area of 1072.98 square meters. Under the agreement the petitioner was to construct a multi storied residential apartment. Following the development agreement, the petitioner obtained sanction from the respondent-Patna Municipal Corporation (hereinafter referred to as the Corporation) vide Plan No. P/Mahuli-PRN-8-458/08 on 23.3.2009 for construction of a residential apartment consisting of Basement +Ground Floor+6 Floors.































































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