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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Kameshwar Prasad Srivastava Son of Late Ram Bilash Prasad Srivastava – Appellant
Versus
State of Bihar Through the Principal Secretary, Urban Development and Housing Department, Bihar- Patna – Respondent
JUDGMENT :
MADHURESH PRASAD, J.
1. The petitioners are residents of one apartment building named the Laxmi Heritage Apartment. Certain flat owners made a complaint alleging that the petitioners have covered the area lying below the projection from the ceiling of their apartment with iron grill which is projecting outside the building line and has been made habitable.
2. The complaint led to lodging of Vigilance Case No. 25B/2011 instituted under Section 36 of the Bihar Regional Development Authority Act 1981 (for short ‘1981 Act’) read with Section 313 of the Bihar Municipal Act 2007 (for short ‘2007 Act’). The Engineer In-charge of the concerned locality was directed to make an inspection. He submitted a report which stated that ten flat owners including the instant petitioners have committed the violation as alleged by the complainant. Notice was then issued to the ten flat owners, including the petitioners.
3. It is the petitioners’ case that they were never served with notice regarding the vigilance case. The order dated 04.08.2011 passed by the Municipal Commissioner in Vigilance Case No. 25B/2011, on the other hand, records that notice was issued to all the ten flat owners. The M
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