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2023 Supreme(Pat) 696

RAJIV ROY
Rajoo Rajak – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s Chitranjan Sinha, Sr. Adv., Ravindra Kumar Shukla.
For the State : M/s Yogendra Pd. Sinha (AAG-7), Rakesh Ambastha, AC to AAG-7.
For Res. No. 3 : M/s Harun Quarashi, Saobiya Musktaque.
For the PMC : M/s Bindhyachal Singh, Sr. Adv., Vipin Kumar Singh.

Rajiv Roy, J. – Heard Mr. Chitranjan Sinha, learned Senior Counsel duly assisted by Mr. Ravindra Kumar Shukla for the petitioner and Mr. Vipin Kumar Singh who represents the Patna Municipal Corporation.

The petitioner has moved before this Court for the following reliefs:

(i) for issuance of a writ in the nature of certiorari to quash the order dated 08.10.2018 passed by Commissioner, Ld. Municipal Patna Municipal Corporation, in the Miscellaneous Case No. 2/2012 (Khald Soofi vs. BB Rajiya Imam' and Another.) whereby the Ld. Municipal Commissioner has directed B.B. Rajiya Imam & Director, Ashiyana Housing Ltd. to demolish and removed (i) (ka) (two) Flats situated in the Ground Floor and two Flats on the Fifth Floor Building (Kha) temporary Shed on the back side Terrace Floor of the Building (Ga) constructed in the back side of Set back of the Building. (ii) To deposit Rs. 5,00,000/- as penalty under section 315 of the Bihar Municipal Act, 2007. (iii) To comply the order within 30 days and to submit compliance report. (iv) Further directed that after compliance of the order as under para (i) and (ii) they may submit revised map which can get approval after following approval related p

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