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RAJIV ROY
Nishant Dwelling Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J. – Heard Mr Rajesh Kumar, learned Counsel for the petitioner as also Mr Prasoon Sinha, who represents the Patna Municipal Corporation as also Ms. Rashmi Ranjan Bhushan for the State.
2. The present petition has been preferred for the grant of following reliefs: –
(i) to issue an appropriate order/direction for quashing of the order dated 11.9.2015 passed by the Municipal Appellate Tribunal, Patna Division, Patna in Appeal No.130/2014 (arising out of Vigilance Case No.77A/13) by which the appeal of the petitioner (against the order passed by the Municipal Commissioner dated 25.11.2014 by which the sanctioned plan earlier granted has been withdrawn and declared the construction of 3rd 4th, 5th and 6th floor of the building in question illegal with further direction made to demolish the same along with various other directions) has not been interfered and with only modification to condone the permissible deviation as per the bylaws;
(ii) to issue an appropriate order/direction for quashing of the order dated 25.11.2014 passed by the respondent Municipal Commissioner, Patna Municipal Corporation in Vigilance Case No.77A/13 by which the sanction earlier granted vide Plan Case
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
The petitioner has a remedy of appeal and the writ petition is dismissed.
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