ORAL JUDGMENT

Date : 26-03-2021

The petitioner seeks quashing of the order dated 04.09.2020, bearing Memo No.1674, passed in Miscellaneous Case No.04 of 2019 (Building Construction) by the City Executive Officer, Nagar Parishad, Danapur Nijamat, Patna (Respondent No.6), disposing of the case filed by Sanjay Kumar (Respondent No.10). By the said order, the Executive Officer has issued a direction to stop the petitioner’s building construction work till adjudication of title by a Civil Court of competent jurisdiction.

2. The brief facts of this case is that the petitioner claims to be maternal grandson of one Ramcharitra Singh, who held 9.73 acres of land by virtue of a family partition through a registered partition deed executed in the year 1969. 2.53 acres of land was gifted by Ramcharitra Singh to his wife through a registered gift deed in the year 1975. He also gifted 28 decimals of land to his one and only daughter Shakuntala Devi by a registered deed of gift in 1975 itself. In 1984, said Ramcharitra Singh gifted 1.63 acre of land to his only daughter Shakuntala Devi, the petitioner and his brother, namely, Gopal Prasad Singh, both sons of Shakuntala Devi, through a registered gift deed. The same includes land of Plot No.1077, which is the subject-matter for the present, besides other plots.

3. It is the petitioner’s case that subsequently their mother Shakuntala Devi gave her 1/3rd share in the aforesaid gifted land in favour of the petitioner and his brother Gopal Prasad Singh, whereafter they became absolute owner of the properties. Later, by a family arrangement, inherited property was divided between the petitioner and his brother, whereafter they continue to hold and possess the land with absolute right, title, interest and peaceful possession. The lands have duly been mutated and rent is also being paid to the State of the Bihar. In support of such contention, rent/revenue receipts have been placed on record by way of Annexure 1 to the writ petition.

4. The petitioner entered into a Development Agreement for construction of multi storeyed building with Respondent Nos.8 and 9 on 03.03.2011 with regard to part of the land appertaining to Khata No.885, Survey Plot No.l077 having a total area of 79½ decimals situated in Revenue Thana No.21. In furtherance of the Development Agreement, the petitioner submitted an application for approval/sanction of the map/plan. The Office of the Respondent No.6-the City Executive Officer, Nagar Parishad, Danapur Nijamat, Patna sanctioned the building map/plan, vide Building Plan No.82/16-17 on 15.06.2016. Construction thereafter has been undertaken in compliance with all other legal and statutory obligations.

5. Respondent No.10 has sent a legal notice dated 30.03.2019 claiming to be the purchaser of the lands in question from the petitioner’s maternal grandfather, namely, Ramcharitra Singh, by two sale deeds dated 11.12.1971 and 13.12.2071, allegedly registered in Kolkata Registry Office in the State of West Bengal. By reply dated 04.04.2019 through his Advocate, the petitioner denied the claim and assertions of the Respondent No.10. Respondent No.10 has thereafter approached the Real Estate Regulatory Authority, (RERA),Bihar, vide Complaint Case No.376 of 2019 under Section 7 of the Real Estate (Regulation and Development) Act, 2016 for revoking registration of petitioner’s project. He also filed Miscellaneous Case No.04 of 2019 before the Nagar Parishad, Danapur Nijamat under Section 323 of the Bihar Municipal Act, 2007 (hereinafter referred to as “the Act”).

6. In the said proceedings, the instant petitioner appeared and has denied and disputed the claims set forth by Respondent No.10. His stand is that the claim of Respondent No.10 is based on falsehood and fraud and that the Respondent No.10 has no locus in the matter. The construction work had started on the basis of a sanction plan/map way back on 15.06.2016,and the construction of the building is nearly complete.

7. The Respondent No.