CAV JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 20-12-2024

The appellants impugn the judgment of the learned Single Judge, which declined interference to the order of the Municipal Commissioner dated 09.05.2024 in Demolition Case No. 1 of 2021. The appellants are licensees, in the building, by name ‘Yusuf Building’, carrying on commercial activities in the licensed premises, who essentially challenged the demolition order as one issued in connivance with the owner of the building, the 8th respondent, to evict them without availing the legal remedies available under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (for brevity ‘Buildings Control Act, 1982’).

2. We heard Shri Ashok Kumar Choudhary, learned Senior Advocate for the appellants, Shri P.K. Shahi, learned Senior Counsel for the Municipal Corporation and Shri S.D. Sanjay, learned Senior Advocate for the Patna Metro Rail Corporation Limited (for brevity ‘PMRCL’). The State was represented by Shri Yogendra Prasad Sinha, learned AAG-7.

3. The learned Senior Counsel appearing for the appellants contended that the impugned order is devoid of any reasons as required under Section 278 (6) of the Bihar Municipal A