V. K. S. Realty vs Rinki Yadav, wife of Ajay Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Jhk) 318

SHREE CHANDRASHEKHAR, ARUN KUMAR RAI
V. K. S. Realty – Appellant
Versus
Rinki Yadav, wife of Ajay Kumar – Respondent

Advocates Appeared:
For the Appellants : Mr. Kamal Nayan Choubey, Sr. Adv., Mr. Sameer Saurabh, Adv., Mr. Ajit Kumar, Sr. Adv., Mr. Atanu Banerjee, Adv., Mr. Vishal Kumar, Adv.
For the Respondents: Mr. Indrajit Sinha, Adv., Mr. Sumeet Gadodia, Adv., Mr. Rohit Ranjan Sinha, Adv., Mr. Akchansh Kishore, Adv., Mr. Piyush, Adv., Mr. Atul Vivek, Adv., Mr. Abhishek Agarwal, Adv., Mr. Ritesh Kumar Gupta, Adv., Mr. Prakhar Harit, Adv., Mr. Nillohit Choubey, Adv., Mrs. Ritu Kumar, Adv., Ms. Shruti Shekhar, Adv., Mr. Gaurang Jajodia, AC to GP-II, Mr. Shashank Shekhar, Adv., Mr. Prashant Kumar Singh, Adv.

Judgement Key Points

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JUDGMENT :

Shree Chandrashekhar, ACJ.

After the adverse decisions by the Municipal Commissioner and the Appellate Tribunal, seven flat-owners of the Ratan Heights had joined hands with the Society and approached the writ Court by filing W.P.(C) Nos. 5734 of 2022, 341 of 2023 and 1420 of 2023. They were aggrieved by the sanction of a new building plan on 14th February 2022 on a part of the property which according to them was earmarked for common facilities for the flat-owners. This batch of the Letters Patent Appeals seeks to challenge the directions passed by the writ Court in the proceedings taken out by the Ratan Heights Residential Society,[hereinafter referred as “Society”] and the flat-owners.

2. In W.P.(C) No. 5734 of 2022 and batch cases, the writ Court passed the following directions:

95. In view of the aforesaid discussions, these writ petitions are allowed in following terms:-

(i) The order dated 06.09.2021 passed by the Municipal Commissioner, Ranchi Municipal Commissioner, Ranchi to the extent of holding that the original building plan for construction of residential building 'Ratan Heights' was sanctioned pursuant to the development agreement executed for 40 kathas of

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2024 Supreme(Jhk) 318

SHREE CHANDRASHEKHAR, ARUN KUMAR RAIV. K. S. Realty – AppellantVersusRinki Yadav, wife of Ajay Kumar – Respondent

Cases Referred (5)

SHREE CHANDRASHEKHAR, ARUN KUMAR RAI
V. K. S. Realty – Appellant
Versus
Rinki Yadav, wife of Ajay Kumar – Respondent