ORDER Heard learned counsel for the petitioner and learned counsels for the State, Ara Municipal Corporation and for private respondent nos. 4 and 5. 2. The petitioner has come to this Court for a direction on the respondent-Municipal Corporation to take steps in connection with enquiry report dated 8.11.2008 made by the Junior Engineer, Ara Municipal Corporation, Ara and further proceedings taken therein. 3. Briefly stated, the grievance of the petitioner is that the respondent nos. 4 and 5 have made illegal construction on their lands and in the process of construction they have also made some illegal encroachment over the land of the petitioner. An application in this regard was filed by the petitioner on 30.10.2008 and an enquiry report was submitted by the Junior Engineer of the Corporation on 8.11.2008. Thereafter the respondents were noticed and a direction was earlier issued on 28.11.2008 to stop the alleged illegal construction work immediately and submit a show cause. A reply was filed on 16.12.2008 on behalf of the respondent no. 4 taking the stand that no new work is going on and therefore the case no. 44/2008 started by the Corporation be closed. It is however, the stand of the petitioner that the respondents have continued with the illegal construction and in this regard the Municipal Commissioner, Ara Municipal Corporation has also issued a direction dated 4.11.2009 to the Officer-in-Charge, Nawadah Police Station to stop the illegal construction but no step has been taken by the police. 4. In the counter affidavit filed on behalf of the Officer-in-Charge, the stand taken is that he has no knowledge of the aforesaid letter dated 4.11.2009 issued by the Municipal Commissioner, Ara and he could not find the said letter in the Municipality Peon Book. 5. The stand of the respondent-Municipal Corporation is that final order has not been passed because the respondent nos. 4 and 5 are not cooperating in the matter and earlier a letter dated 4.11.2009 had been issued to the Officer-in-Charge, Nawadah (Ara) Police Station to take appropriate step by stopping the illegal construction work. 6. Learned counsel for the respondent nos. 4 and 5, on the other hand, submits that the construction had been completed long time back on the basis of the approval of sanction/map which was passed in the year 1973 and there has been no illegality committed in making the construction. 6. Learned counsel for the respondent nos. 4 and 5, on the other hand, submits that the construction had been completed long time back on the basis of the approval of sanction/map which was passed in the year 1973 and there has been no illegality committed in making the construction. It is further submitted that the enquiry was conducted by the Junior Engineer behind the back of these respondents. It is also submitted that the respondents are ready to co-operate in the matter so that the same can be finally resolved by passing the final order by the authorities of the Municipal Corporation. 7. From a consideration of the aforesaid facts, the inaction of the Municipal authorities is evident in the matter and it is not open to them to take any such plea that final orders have not been passed merely because the respondent nos. 4 and 5 are not cooperating in the matter. As a matter of fact, on the spot enquiry has already been made. It is the duty of the Municipal Commissioner of the Corporation to ensure that no illegal construction is carried out contrary to the Municipal Act, Rules and the Building Bye-laws and upon any such construction being made appropriate action is taken including where required demolition of illegal structures and by filing criminal case in terms of the provisions of the Act. However, the helplessness shown in the matter by the Municipal Commissioner clearly shows either his incompetence or gross negligence in the matter. 8. It is, accordingly, directed that a fresh enquiry shall be conducted by the Municipal Commissioner in which the respondent nos. 4 and 5 as also the petitioner shall have the right to be present. Let the same be done on the spot afresh on 9th December, 2013 at 11.00 A.M.. The enquiry shall be proceeded with irrespective of any cooperation extended or not by the respondent nos. 4 and 5 and no such plea of non-availability shall be available to them on any ground whatsoever. Thereafter the parties shall present themselves before the Municipal Commissioner on 16th December, 2013 at 11.00 A.M. who shall proceed to hear them and dispose of the matter finally within a further period of two months thereafter. 9. 4 and 5 and no such plea of non-availability shall be available to them on any ground whatsoever. Thereafter the parties shall present themselves before the Municipal Commissioner on 16th December, 2013 at 11.00 A.M. who shall proceed to hear them and dispose of the matter finally within a further period of two months thereafter. 9. The Officer-in-Charge of the concerned Police Station is directed to ensure that any direction issued by the Municipal Commissioner is duly complied by him and learned counsel for the State shall so inform him. 10. The writ application is, accordingly, disposed of with the aforesaid directions and observations.