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2023 Supreme(Pat) 912

PURNENDU SINGH
Municipal Corporation Purnea – Appellant
Versus
Municipal Building Tribunal-1 Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioner: Mr.Prince Kumar Mishra.
For the Resp. No.2 : Mr.Amit Kumar Anand.
For the State : Mrs. Manisha Singh, AC to GP-7.

Purnendu Singh, J. – Heard Mr. Prince Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Amit Kumar Anand, learned counsel for the respondent no.2.

2. The petitioner has filed the writ application for the following reliefs: –

(i) For issuance of writ in the nature of certiorari or any other appropriate writ, for quashing the Order dated 01/09/2023 passed in Appeal No. 11 (N)/2022 (hereinafter referred as "impugned order") by learned Court of Bihar Municipal Building Tribunal,- 1, Bihar, Patna (hereinafter referred as "learned Tribunal"), whereby and whereunder. Order dated 02/11/2022 passed in Vigilance Case No.01/2022 23 by Municipal Commissioner, Purnea and the Letter No. 2591 dated 12/08/2023 issued by Municipal Commissioner, Purnea, has been stayed till further order - which has effect of giving final relief itself to respondent no.2 itself, without there being any final adjudication on merits as he would start construction, which has been stopped by the learned Municipal Commissioner, Purnea, as it was found to be against the provisions of Bihar Building bye-laws, 2014.

(ii) For issuance of writ in the nature of mandamu, directing and commanding upon the

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