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2022 Supreme(Pat) 397

ASHWANI KUMAR SINGH, NAWNEET KUMAR PANDEY
Patna Municipal Corporation – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s Bindhyachal Singh, Sr. Adv., Shailendra Kumar Singh.
For the Resp. No.5 : Mr. Suraj Samdarshi.
For the Resp. No.6 : M/s Rajiv Kumar Singh, Sajal Kumar Sinha.
For the State : Ms. Deepika Sharma.

ASHWANI KUMAR SINGH, J.:–Heard Mr. Bindhyachal Singh, learned senior counsel for the petitioners, Mr. Suraj Samdarshi, learned counsel for respondent no.5 and Mr. Rajiv Kumar Singh, learned counsel for the respondent no.6.

2. In the instant case, the petitioners have prayed for quashing of the order dated 12.09.2018, passed by the Municipal Building Tribunal-1(respondent no.3) in Appeal No. 12 (North Bihar) of 2016 arising out of Vigilance Case No. 172A of 2014 by which the respondent no.3 has modified the order dated 29.08.2016 passed by the Patna Municipal Commissioner (petitioner no.2) in Vigilance Case No. 172A of 2014 with following observations and directions:—

“This Tribunal comes to the conclusion that calculation of condonable and demolishable set-back area is erroneous and not correct and it should be done as per prescribed procedure of calculation as stated in above para. The averment and submission made by the appellant’s counsel is acceptable in the light of the provisions made in Section 317 of the Bihar Municipal Act, 2007, para- 11(1), Appendix-L and M of the Modi

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