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2020 Supreme(Pat) 493

MOHIT KUMAR SHAH
Sanjay Singh – Appellant
Versus
Patna Municipal Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Jitendra Kishore Verma, Mr. Chitranjan Sinha, Mr. Siddhartha Prasad, Mr. Umesh Prasad Singh, Mr. Nilanjan Chatterjee.
For the Respondents: Mr. Prasoon Sinha, Mr. Yashraj Bhardhan, Mr. Prakash Chandra, Ms. Prabhakar Singh.

JUDGMENT :

MOHIT KUMAR SHAH, J.

1. With the consent of the parties, all the four writ petitions have been taken up for hearing together since the issues to be adjudicated in the said cases are the same, hence they are being disposed of by the present common Judgment.

Facts of the Case (CWJC No. 6546 of 2017)

2. At the outset, this Court would advert to the facts of the first case i.e. CWJC No. 6546 of 2017 (Sanjay Singh vs. Patna Municipal Corporation and Others). The said writ petition has been filed for setting aside the order dated 23.03.2017 passed in Appeal No. 137 of 2014 (arising out of Vigilance Case No. 97A of 2013), by the Municipal Building Tribunal, Patna Division, Patna, whereby and whereunder the appeal of the petitioner has been dismissed. The petitioner has further prayed for setting aside the order dated 28.11.2014 passed in Vigilance Case No. 97A of 2013 by the Commissioner, Patna Municipal Corporation, Patna and for restraining the authorities from taking the possession of the building from the lessee or sealing the same in pursuance to the said order dated 28.11.2014 as also to permit the petitioner to carry on with his construction work in accordance with law. Last

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