- (1.) This writ petition has been filed by the petitioner challenging order dated 4.5.2010 (Annexure-1) by which Municipal Commissioner, Patna Municipal Corporation (respondent no. 3) asked the District Magistrate/Senior S.P., Patna with a copy to the District Control Room, Patna/Station Officer, Gardanibagh, Police Station for demolition of Chabutara (platform) of the petitioner on the plea of encroachment without giving any opportunity to the petitioner to place his case under Section 319 of the Bihar Municipal Act, 2007 and the said order was also violative of Articles 14, 21, 300A of the Constitution of India.
(2.) Learned counsel for the petitioner had claimed that before issuing the aforesaid letter dated 4.5.2010 neither any notice nor any opportunity was given to the petitioner to place his case. He further submits that the said order was passed without any enquiry as was called earlier vide order dated 8.10.2006 and 13.11.2006. It was also claimed that the said order was passed on the basis of earlier order dated 4.5.2007 (Annexure-1/A)'passed by the Municipal Commissioner (respondent no. 3) with respect to the Chabutara (platform) said to have been spread over an area of 49.67 square metres directing the petitioner to demolish the same within thirty days of the receipt of the order failing which the authority would remove the same and cost incurred on the said count shall be recovered from the petitioner.
(3.) Learned counsel for the petitioner further submits that he is not making any constructions rather an old Chabutara (platform) is existing on the land in question and the entire episode is created at the instance of his brother Shyam Bihari Singh, who is inimical to the petitioner due to the popularity of petitioner as Gurudeo Balram Baba. The said brother also filed Title Suit No. 453 of 1998 which was disposed of on 28.12.2005 against which the petitioner preferred Title Appeal No. 10 of 2006 which is pending. Against an interim order passed in the said appeal respondent no. 9 filed C.R. No. 1289 of 2009 which is also pending in this court. Hence, it is stated that the entire procedure adopted by the respondents authorities is illegal and perverse and is fit to be set aside.;