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Judgment
Heard learned Senior Counsel for the petitioners, learned counsel for the State and learned counsel for the Bhagalpur Municipal Corporation.
The present writ application has been filed seeking quashing of the order dated 19.01.2023 passed in Unauthorized Construction Case No. 01 of 2022 by the Municipal Commissioner, Bhagalpur Municipal Corporation whereby the petitioners have been directed to demolish the deviation made in the construction.
Learned Senior Counsel for the petitioners raises a very short issue and submits that being aggrieved by the order dated 19.01.2023 in Unauthorized Construction Case No. 01 of 2022 passed by the Municipal Commissioner, Bhagalpur Municipal Corporation, the petitioners have preferred their statutory appeal being Appeal Case No. 1(S) of 2023 before the Tribunal but the Tribunal for the present is not functional. It is, thus, submitted that when the petitioners are availing their remedy available in law, would it be prudent for the Municipal Commissioner, Bhagalpur Municipal Corporation to demolish the deviation as recorded in the order dated 19.01.2023.
Learned counsel for the Municipal Corporation, Bhagalpur Municipal Corporation concurs with the submission made by the learned Senior Counsel for the petitioners that the Tribunal for the present is not functional.
In view of the submissions made, the writ application is disposed of with a direction that the order dated 19.01.2023 passed by the Municipal Commissioner, Bhagalpur Municipal Corporation in Unauthorized Construction Case No. 01 of 2022 shall not be given effect to until the appeal is taken up.
The moment the appeal is taken up, the petitioners would be at liberty to pray for staying the operation of the order dated 19.01.2023 passed by the Municipal Commissioner, Bhagalpur Municipal Corporation in Unauthorized Construction Case No. 01 of 2023.