Rajiv Roy, J. – Heard Mr. Suresh Prasad Singh No. 1, learned Counsel appearing for the petitioner and Mr. Prasoon Sinha, who represents the Patna Municipal Corporation.

2. The present writ petition has been preferred for the quashing of an order dated 25.09.2014 passed in Appeal Case No. 08/2014 (Arising out of Vigilance Case No.- 195A/2013) by the Municipal Building Tribunal [(hereinafter referred to as "the Tribunal") (Annexure-4)] as also an order dated 15.02.2014 passed by the Municipal Commissioner, Patna Municipal Corporation (Annexure-3) in Vigilance Case No.- 195A/2013 by which the height of the petitioner's building has been restrained upto the height of 11 mts. on the ground that width of the road in front of it is less than 6 mts. (i.e. 20 feet) and to demolish the deviations in the setbacks of the building and/or for further issuance of any other writ/writs order/orders, direction/directions.

3. The matrix of facts giving rise to present petition is/are as follows: –

4. The petitioner is builder having business in the name of City Makers Private Limited and is in the construction/development of apartments/buildings.

5. It entered into registered development agreement with