Patna High Court - Orders
Manmardhan Shukla @ Lallan vs State Of Bihar & Ors on 7 May, 2013
Author: Shailesh Kumar Sinha
Bench: Shailesh Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6547 of 2012
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Manmardhan Shukla @ Lallan S/O Late Ram Das Shukla R/O Flat No. 506, Saraswati
Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.- Kotwali, District- Patna
.... .... Petitioner/s
Versus
1. State Of Bihar through the Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. Smt. Sangeeta Kumari D/O Late Surnendra Bahadur Prasad, W/O Shri Ajit Kumar,
Advocate At Present R/O Flat No. B-204, Puspanjali Enclave, Nort Mandari, P.S.- Budha
Colony In The Town And District Of Patna
6. Shri Ajit Kumar S/O Late Baidyanath Sahay At Present R/O Flat No. B-204, Puspanjali
Enclave, North Mandari, P.S.- Budha Colony In The Town And District Of Patna
7. M/S Anant Homes Pvt. Ltd. Company Through Its Managing Director, Chandra Shekhar
Kumar Having Its Office At South Mandiri, P.S.- Budha Colony, Patna
8. Smt. Bachchi Devi W/O Late Satyadeo Singh At Village- Dhanauti, P.S.- Maharajganj,
District- Siwan
9. Saroj Kumar S/O Sri Siya Sharan Singh R/O Village- Rajapur, P.S.- Paraiya, District-
Gaya, Through His Power Of Attorney Holder Uday Kumar Singh, Village- Bahadurpur,
P.S.- Arwal, District- Arwal
10. Binod Kumar Singh S/O Sri Raj Ballabh Sharan Singh R/O Village- Rajpur, P.S.-
Paraiya, District- Gaya, Through His Power Of Attorney Holder Namely Pramod Kumar
Singh, S/O Sri Sarju Singh, Village- Bahadurpur, P.S.- Arwal, District- Arwal
11. M/S Mangalm Homes (India) Pvt. Ltd., Patna Through Its Managing Director Sunil
Kumar Verma 190/A, Main Boring Road, Near I.B.P. Petrol Pump, P.S.- S.K. Puri,
District-Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7185 of 2012
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Kumkum Ranjan wife of Sri Neeraj Ranjan, resident of Flat No. 305, Saraswati Niketan
Apartment, I.A.S. Colony, KIdwaipuri, P.S.- Kotwali, District- Patna
.... .... Petitioner/s
Versus
1. State Of Bihar through the Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/S Anant Homes Pvt. Ltd. Through Its Managing Director Chandra Sekhar Kumar
Having Its Office at South Mandiri, P.S. - Budha Colony, Patna
7. M/S Mangalam Home (India) Pvt. Ltd. Through Its Director Mr. Sarwar Nazmi 302,
Nafish Palace, Sharif Colony, Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7186 of 2012
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Ashok Kumar Sinha S/O Late Bisheshwar Prasad Sinha R/O Flat No. 302, Saraswati
Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, District- Patna
.... .... Petitioner/s
Versus
1. State Of Bihar through the Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013
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5. The Circle Officer, Sadar, Patna
6. M/S Anant Homes Pvt. Ltd. Through Its Managing Director Chandra Sekhar Kumar
Having Its Office at South Mandiri, P.S. - Budha Colony, Patna
7. M/S Mangalam Home (India) Pvt. Ltd. Through Its Director Mr. Sarwar Nazmi 302,
Nafish Palace, Sharif Colony, Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.17369 of 2012
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Smt. Renu Sinha W/O Sri Rai Vijay Kumar Sinha R/O Vikasnagar, Madnani Lane,
Mithanpura, P.O.- Ramna, Distt.-Muzaffarpur, Bihar
.... .... Petitioner/s
Versus
1. The State Of Bihar through Secretary (Home) Old Secretariat, Patna
2. Director General of Police, Bihar, Old Secretariat, Patna
3. District Magistrate, Gandhi Maidan, Patna
4. District Sub-Registrar, Patna, Gandhi Maidan, Patna
5. M/S Anant Homes Pvt. Ltd. Through Its Managing Director Mr. Chandra Shekhar
Kumar Having Its Office at South Mandiri, P.S. - Buddha Colony, Patna-800001
6. M/S Mangalam Homes (India) Pvt. Ltd., Through Its Managing Director, Sri Sunil
Kumar Verma 190/A, Main Boring Road, Near I.D.P. Petrol Pump, P.S.- S.K. Puri,
District-Patna
7. Sri Sarwar Najmi S/O Late Akhtar Sayeed R/O Flat No.-302, Nafish Palace, Sharif
Colony, P.S.-Pirbahore, District- Patna
8. Mr. Subir Kumar S/O Sri Krishna Prasad Singh R/O 35, Adarsh Colony, Sri Krishna
Nagar,P.S. Buddha Colony, District-Patna, Bihar
9. Sri Udai Kumar Singh S/O Shri Saryug Singh R/O Village- Bahadarpur, P.S. Arwal,
District- Jehanabad, Bihar
10. Sri Pramod Kumar Singh S/O Shri Saryug Singh R/O Village- Bahadarpur, P.S.-
Arwal, District-Jehanabad, Bihar
11. Smt. Bachhi Devi W/O Late Satyadeo Singh R/O Village- Dhanauti, P.S.- Maharajganj,
District- Siwan, Presently At S.K. Nagar, House No. M-16, P.S. Kotwali, P.O. G.P.O.,
District-Patna, Presently At Sadar Bazar, Danapur, P.S. Danapur, District-Patna
.... .... Respondent/s
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With
Civil Writ Jurisdiction Case No.18124 of 2012
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Mrs. Anjali Sinha Wife Of Mr. Rai Rajiv Kumar Sinha Resident Of 404, Saraswati
Apartment Patna At Present Resident Of 1468 Hardy Place, Fremont, California- 94536,
Usa
.... .... Petitioner/s
Versus
1. State Of Bihar, Through Secretary (Home), Old Secretariat Patna
2. Director General of Police, Bihar, Old Secretariat Patna
3. District Magistrate, Gandhi Maidan, Patna
4. District Sub-Registrar, Patna, Gandhi Maidan, Patna
5. M/S Anant Homes Pvt. Ltd., Through Its Managing Director, Mr. Chandra Shekhar
Kumar, Having Its Office At South Mandiri, P.S. - Buddha Colony, Patna- 800001
6. M/S Mangalam Homes (India) Pvt. Ltd., Through Its Managing Director, Sri Sunil
Kumar Verma, 190/A Main Boring Road, Near I.D.P. Petrol Pump, P.S. S.K. Puri, District
Patna
7. Sri Sarwar Nazmi S/O Late Akhtar Sayeed Resident Of Flat No. 702, Nafish Palace,
Sharif Colony, P.S. Pirbahore, District- Patna
8. Mr. Akildeo Singh S/O Late Raghuvansh Prasad Singh Resident Of Village Ramdiri
Tola, Akashpur, P.O. Makrudinpur, P.S. Begusarai, District Begusarai, Bihar
9. Sri Udai Kumar Singh S/O Shri Saryug Singh Resident of Village Bahadarpur, P.S.
Arwal, District Jehanabad, Bihar
10. Sri Pramod Kumar Singh S/O Shri Saryug Singh Resident of Village Bahadarpur, P.S.
Arwal, District Jehanabad, Bihar
Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013
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11. Smt. Bachhi Devi, W/O Late Satyadeo Singh Resident of Village Dhanauti, P.S.
Maharajganj, District Siwan. Presently At S.K. Nagar, House No. M-16, P.S. Kotwali,
P.O., G.P.O., District Patna. Presently At Sadar Bazar, Danapur, P.S. Danapur, District
Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.11653 of 2012
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Bachchi Devi W/O Late Satyadeo Singh R/O Village- Dhanauti, P.S.- Maharajganj,
District- Siwan, Presently Residing At Shri Krishna Nagar, House No. 16, P.S.- Budha
Colony, Town And District- Patna
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary Registration, Excise & Prohibition
Department, Government Of Bihar, Patna
2. The Inspector General of Registration, Registration Excise & Prohibition Department,
Government of Bihar, Patna
3. The Deputy Inspector General of Registration Registration, Excise & Prohibition
Department, Government of Bihar, Patna
4. The Assistant Inspector General of Registration Registration, Excise & Prohibition
Department, Government of Bihar, Patna
5. The District Magistrate, Patna
6. The District Sub-Registrar, Registry Office, Patna
7. M/S Mangalam Homes (India) Pvt. Ltd., Patna A Company Registered Bearing
Registration No. 03/05117 Of 1992-1993 Having Its Registered Office At 190 A, Main
Boaring Road, Patna-1, Through Its Director, Sarwar Najmi, S/O Late Md. Akhtar Sayeed,
Flat No. 302 Nafis Palace, Sharif Colony, P.S.- Pirbahor, District- Patna, Pin-800004
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7188 of 2012
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Subir Kumar S/O Shri Krishna Prasad Singh R/O Flat No. 202, Saraswati Niketan
Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, District-Patna
.... .... Petitioner/s
Versus
1. State Of Bihar through the Commissioner Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/S Anant Homes Pvt. Ltd. Through Its Managing Director Chandra Sekhar Kumar
Having Its Office at South Mandiri, P.S. - Budha Colony, Patna
7. M/S Mangalam Homes (India) Pvt. Ltd. Through Its Director Mr. Sarwar Nazmi 302,
Nafish Palace, Sharif Colony, Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7189 of 2012
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Rani Kumari D/O Sri Akhileshwar Diwedi R/O Flat No. 303, Saraswati Niketan
Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, District-Patna
.... .... Petitioner/s
Versus
1. State Of Bihar through the Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/S Anant Homes Pvt. Ltd. Through Its Managing Director, Chandra Shekhar Kumar
Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013
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Null Having Its Office At South Mandiri, P.S.- Budha Colony, Patna
7. M/S Mangalam Home (India) Pvt. Ltd. Through Its Director Mr. Sarwar Nazmi 302,
Nafish Palace, Sharif Colony, Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7191 of 2012
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Rajesh Kumar Gautam S/O Late D.P. Singh R/O Flat No. 402, Saraswati Niketan
Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, District- Patna
.... .... Petitioner/s
Versus
1. State Of Bihar through the Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Secretary, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/S Anant Homes Pvt. Ltd. Through Its Managing Director Chandra Sekhar Kumar
Having Its Office At South Mandiri, P.S.- Budha Colony, Patna
7. M/S Mangalam Homes (India) Pvt. Ltd. Through Its Director Mr. Sarwar Nazmi 302,
Nafish Palace, Sharif Colony, Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7192 of 2012
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Manmardhan Shukla @ Lallan S/O Late Ram Das Shukla R/O Flat No.506, Saraswati
Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, Distt-Patna
.... .... Petitioner/s
Versus
1. The State Of Bihar through the Commissioner, Patna Division Patna
2. The Commissioner, Patna Division Patna
3. The District Magistrate Patna
4. The Deputy Collector Land Reforms Patna Sadar, Patna
5. The Circle Officer Sadar, Patna
6. M/S Anant Homes Pvt. Ltd. Through Its Managing Director Chandra Sekhar Kumar
Having Its Office At South Mandiri, P.S.-Budha Colony, Patna
7. M/S Mangalam Homes (India) Pvt Ltd Through Its Director Mr. Sarwar Nazmi 302,
Nafish Palace, Sharif Colony, Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7190 of 2012
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Abhinandan Kumar Suman S/O Late Ramnagina Kumar R/O Flat No. 204, Saraswati
Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, District- Patna
.... .... Petitioner/s
Versus
1. State Of Bihar through the Commissioner Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/S Anant Homes Pvt. Ltd. Through Its Managing Director Chandra Sekhar Kumar
Having Its Office at South Mandiri, P.S. - Budha Colony, Patna
7. M/S Mangalam Homes (India) Pvt. Ltd. Through Its Director Mr. Sarwar Nazmi 302,
Nafish Palace, Sharif Colony, Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7184 of 2012
Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013
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Madhup Kumar Singh S/O Sri Parmanand Singh R/O Flat No. 102, Saraswati Niketan
Apartment, I.A.S. Colony, Kidwaipuri, P.S.- Kotwali, District-Patna
.... .... Petitioner/s
Versus
1. State Of Bihar through the Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/S Anant Homes Pvt. Ltd. Through Its Managing Director Chandra Sekhar Kumar
Having Its Office at South Mandiri, P.S. - Budha Colony, Patna
7. M/S Mangalam Home (India) Pvt. Ltd. Through Its Director Mr. Sarwar Nazmi 302,
Nafish Palace, Sharif Colony, Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7187 of 2012
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Lalita Singh wife of Nagendra Singh son of Late Deo Lagan Singh, resident of Flat No.
106, Sarswati Niketan Apartment, I.A.S. Colony, Kidwaipuri, P.S.- Kotwali, District- Patna
.... .... Petitioner/s
Versus
1. State Of Bihar through the Commissioner, Patna Division, Patna
2. The Commissioner, Patna Division, Patna
3. The District Magistrate, Patna
4. The Deputy Collector, Land Reforms, Patna Sadar, Patna
5. The Circle Officer, Sadar, Patna
6. M/S Anant Homes Pvt. Ltd. Through Its Managing Director Chandra Sekhar Kumar
Having Its Office at South Mandiri, P.S. - Budha Colony, Patna
7. M/S Mangalam Home (India) Pvt. Ltd. Through Its Director Mr. Sarwar Nazmi 302,
Nafish Palace, Sharif Colony, Patna
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.7193 of 2012
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1. Vijay Kumar Sharma S/O Shri Ram Balak Singh R/O Flat No.201, Saraswati Niketan
Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Katwali, Distt-Patna
2. Smt. Sunaina Sharma W/O Sri Vijay Kumar Sharma R/O Flat No.-501, Saraswati
Niketan Apartment , I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, Distt-Patna
3. Sudhir Kumar Singh S/O Baleshwar Prasad Singh R/O Flat No.-G-3, Saraswati Niketan
Apartment , I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, Distt-Patna
4. Anil Kumar Singh S/O Late Ram Japo Singh R/O Flat No.-G-2, Saraswati Niketan
Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, Distt-Patna
5. Indira Kumari W/O Neeraj Ranjan R/O Flat No.-306, Saraswati Niketan Apartment,
I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, Distt-Patna
6. Akildeo Singh S/O Late Raghunath Prasad Singh Resident Of Flat No.-206, Saraswati
Niketan Apartment , I.A.S.Colony, Kidwaipuri, P.S.-Kotwali, Distt-Patna
7. Rajiv Kumar S/O Late Hari Nandan Singh R/O Flat No.-503, Saraswati Niketan
Apartment, I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, Distt-Patna
8. Damyanti Kumari W/O Late Suresh Kumar Resident Of Flat No.-301, Saraswati
Niketan Apartment , I.A.S. Colony, Kidwaipuri, P.S.-Kotwali, Distt-Patna
.... .... Petitioner/s
Versus
1. The State Of Bihar, Through the Commissioner, Patna Division Patna
2. The Commissioner, Patna Division Patna
3. The District Magistrate Patna
4. The Deputy Collector, Land Reforms, Patna Sadar Patna
5. The Circle Officer Sadar, Patna
6. M/S Anant Homes Pvt. Ltd , Through Its Managing Director Chandra Sekhar Kumar
Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013
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Having Its Office At South Mandiri, P.S.-Budha Colony, Patna
7. M/S Mangalam Homes (India) Pvt. Ltd Through Its Director Mr. Sarwar Nazmi 302,
Nafish Palace, Sharif Colony, Patna
.... .... Respondent/s
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Appearance :
For the petitioners : Mr. Vindhya Keshri Kumar, Sr. Advocate with
Mr. Sanjay Singh,
Mr. Rana Sanjay Singh,
Mr. Praveen Kumar,
Mr. Rai Vijay Kumar Sinha,
Mr. Manoj Kumar Sinha,
Mr. Ranjeet Kumar, Advocates
For the respondents : Mr. Manoj Kr. Ambasta GP 14
Mr. Balram Kapri, AC to GP 14
Mr. Anil Kumar Tiwary
Mr. Yugal Kishore
Mr. Manibhushan Kumar, Advocates
Mr. (Dr.) Chandrashekhar Azad, AC to GA 9
Mr. Amar Nath Deo SC 26
Mr. Shail Kumari SC 15
Mr. Subhash Pd. Singh GA 7
Mr. Tej Bahadur Singh AAG 7
Mr. Ashok Kumar Verma, AC to SC 8
Mr. Sunil Kr. Mandal SC 24
Mr. Ajit Kumar, AC to GP 2
Mr. A.Ujjwal SC 25
Mr. Maruth Nath Roy, AC to SC 25
For M/s Anant Homes Pvt. Ltd. : Mr. Shashi Anugrah Narayan, Sr. Advocate
For Ms/ Mangalam Homes Pvt Ltd Mr. Ashok Kumar Choudhary, Advocate
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CORAM: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA
C.A.V. ORDER
15 07-05-2013Heard learned counsels for the petitioners and the respondents.
In all the above writ applications the challenge is to the order dated 6th March, 2012 (Annexure-1 to CWJC No. 6547 of 2012 ), passed by the Divisional Commissioner, Patna Division, Patna in Bihar Land Dispute Resolution Appeal Nos. 225 of 2011 and 210 of 2011 reversing the order dated Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013 -7- 22.10.2011 (Annexure-2 to CWJC No. 6547 of 2012) passed by the Land Reforms Deputy Collector, Patna Sadar in Case No. 45 of 2011-12 under Bihar Land Dispute Resolution Act, 2009 (hereinafter referred to as the "Act").
The primary dispute between the parties centers around the fact as to whether "Saraswati Niketan" an apartment situated in the locality Kidwaipuri (I.A.S. Colony), Patna has been constructed by the builder M/s Anant Homes Private Limited having its office at South Mandiri within P.S. Budha Colony, Patna or M/s Mangalam Homes (India) Private Limited, Patna having its office at 190/A Main Boring Road near I.B.P. Petrol Pump within S.K. Puri Police Station in the Town & District of Patna. Both the above builders have allotted flats of the said apartment to different persons and the allottees of the two builders are in dispute claiming their title and possession over their respective flats. The allottees of the builder, who are not in physical possession of the respective allotted flats, are claiming their possession after evicting the allottees of other builder. All allottees including writ petitioners of the flats are deriving their right, title and the claim of possession through their respective builders. The controversy arose as to who got the valid development agreement from the owner of the land for developing the land i.e. for construction of an apartment. The writ petitioner, Bachchi Devi claims to be the owner of the land after the death of her husband. The Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013 -8- ownership of the land is not in dispute amongst the allottees or their respective builders. The controversy is as to who obtained the agreement for development of the land. The respondent no. 11, M/s Mangalam Homes (India) Private Limited, Patna claims to have obtained an unregistered agreement from the husband of the writ petitioner, Bachchi Devi and further claims to have obtained the sanctioned map for construction of the apartment from the Patna Municipal Corporation or the then Patna Regional Development Authority (P.R.D.A.). The claim of M/s Anant Homes Private Limited, Patna, another builder, is that on basis of the unregistered agreement neither anything was done nor acted upon for construction of the apartment by M/s Mangalam Homes Private Limited. It is further claimed that a registered development agreement was executed by Bachchi Devi after the death of her husband in favour of M/s Anant Homes Private Limited and submitted fresh application after obtaining the duly approved sanctioned map from the then Patna Regional Development Authority the aforesaid apartment "Saraswati Niketan" was constructed by it. The flats were sold to different persons on consideration. The sale deeds were executed and registered, as such, the builder, M/s Anant Homes Private Limited, Patna or its allottees claimed to be the valid owner of the allotted flats. The writ petitioner of C.W.J.C. No. 6547 of 2012 as also the writ petitioners of the other analogous writ applications claiming their valid allotment from Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013 -9- the other builder M/s Mangalam Homes (India) Private Limited, Patna, who are in physical possession, justify their claim for being allotted the flats by their builder. The matter was agitated by filing an application by the respondent no. 5, Smt. Sangeeta Kumari, claiming to be an allottee from M/s Anant Homes Private Limited, Patna after obtaining registered deed of sale in her favour with respect to flat no. 401, under the provisions of the aforesaid Act for deciding the title with respect to flat no. 401 and further prayed for passing the appropriate order for putting her in physical possession after evicting the unauthorized physical possession of the person claiming to be the allottee from M/s Mangalam Homes (India) Private Limited, Patna. In the proceeding under the Act before the Land Reforms Deputy Collector (L.R.D.C.), Patna notices were issued to the opposite parties of the said case and the matter was heard in detail and upon hearing L.R.D.C. having found that the nature of dispute between the parties involving the claim of title over the flats being a complex question the same cannot be decided under the aforesaid Act in a summary proceeding and such an aggrieved person should approach the Civil Court for adjudication of their right, title and possession, dismissed the said application of respondent no. 5, Sangeeta Kumari by order dated 22.10.2011 as contained in Annexure-2. Against the aforesaid order the aggrieved parties including the petitioner of the said Land Dispute Resolution case before the L.R.D.C., Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013 -10- Patna filed appeals before the Divisional Commissioner, Patna Division, Patna vide Appeal Nos. 225 of 2011 and 210 of 2011. Since both the appeals involved common dispute, as such, both appeals were heard together and disposed of by a common order dated 06.03.2012 as contained in Annexure-1. The appellate authority, on hearing, reversed the decision of the L.R.D.C., Patna while considering the claims on merit and upheld the claims of the allottees of M/s Anant Homes Private Limited, Patna holding to the effect that the builder M/s Mangalam Homes (India) Private Limited, Patna did not acquire any right or interest to develop the land for want of valid development agreement from the owner of the land nor having obtained the map sanctioned from the competent local authority for construction of the apartment in question. Consequently were directed for their eviction from the flats in question. Hence, the above writ applications challenging the appellate order.
Learned counsels appearing for the petitioners, who were allottees of flats from M/s Mangalam Homes (India) Private Limited, Patna stakes their claim over the flats in question for being validly allotted by their builder M/s Mangalam Homes (India) Private Limited, Patna. The concerned petitioners justify the construction of the apartment by M/s Mangalam Homes (India) Private Limited, Patna and consequently justify the allotment of the flats in their favour. Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013 -11-
Learned counsel appearing for M/s Mangalam Homes (India) Private Limited submits that in light of the averments made in its counter affidavit that the land was developed after obtaining the proper development unregistered agreements which were later on authenticated, and as such, construction of the apartment and its allotment to the allottees cannot be questioned, however, the learned counsel could not bring on record the sanctioned map for construction in its favour.
On the other hand, learned counsel appearing for M/s Anant Homes Private Limited, Patna submits that registered deed of development agreement followed by sanction of map which was approved in its favour on the joint application being filed by the writ petitioner Bachchi Devi, the subsisting owner of the land, and the present builder, the apartment was accordingly constructed and allotment of flats were made.
Learned counsels for the petitioners, notwithstanding the submissions to the effect that M/s Mangalam Homes (India) Private Limited, Patna validly allotted the flats in their favour, submits that Divisional Commissioner, Patna as per the order contained in Annexure-1 could not have directed for their eviction without giving an opportunity of hearing to them individually. It was further submitted that the respondent no. 5, Sangeeta Kumari of C.W.J.C. No. 6547 of Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013 -12- 2012 has filed a civil suit in Civil Court, Patna vide Title Suit No. 373 of 2012 with respect to her claim over flat no. 401, which is in occupation of the writ petitioner Manmardhan Shukla @ Lallan (C.W.J.C. No. 6547 of 2012), and the prayer for injunction in the suit was rejected, the aforesaid suit is still pending.
Considering the submissions of the parties and their respective pleadings, it would appear that there is serious dispute of claim with respect to the title over the flats in question and their possession in the apartment namely, "Saraswati Niketan". The very nature of dispute touching the right and claim depends upon adjudication of the fact as to who has constructed the apartment after obtaining the map sanctioned from the Municipal authority or the then Patna Regional Development Authority, Patna (PRDA) on basis of development agreement executed by the land owner. In case upon adjudication of the fact on the basis of evidence/materials it is found that one of the builders had valid right to develop the land and obtained the map sanctioned from the local authority pursuant to which the apartment in question is constructed, the other builder shall have no right and consequently their allottees cannot validly claim right over the flats allotted to them since they cannot claim a better right than their builder from whom they got allotment of flat. Notwithstanding the above, in course of hearing, learned counsel for M/s Anant Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013 -13- Homes Private Limited, Patna, informed the Court, which was not disputed by the counsels appearing for the respective parties, that after filing of the writ application the provisions of sub-section (1) of section 9 of the Bihar Land Tribunal Act, 2009 has been amended by the State Government in the schedule of the Acts and the disputes under the Acts could be adjudicated by the Tribunal under the aforesaid Act i.e. Bihar Land Tribunal Act, 2009. By such an amendment, the disputes arising out of Bihar Land Dispute Resolution Act, 2009 has been included in the schedule of Acts in sub-section (1) of Section 9 of the aforesaid Tribunal Act vide amendment no. 8 as per notification dated 30th January, 2013 as published in 2013(1) P.L.J.R., 92 (Statute Section, March Issue). It was submitted on behalf of the M/s Anant Homes Private Limited, Patna that in view of serious dispute of right and possession, agitated by the petitioners in the above writ applications, they have now an effective alternative forum specially established to decide such disputes arising out of Bihar Land Disputes Resolution Act.
Considering the rival submissions of the parties and on perusal of the impugned orders, this Court is also of the opinion that writ proceeding is not an appropriate forum to adjudicate the disputes of the parties, as noticed above, in a proceeding under Article 226 of the Constitution of India.
In view of the above, all the writ applications are not Patna High Court CWJC No.6547 of 2012 (15) dt.07-05-2013 -14- entertained. However, it will be open for the parties aggrieved by the impugned order to approach the Tribunal in accordance with law for redressal of their grievances, if any.
All the above writ applications are accordingly disposed of.
(Shailesh Kumar Sinha, J) Manish/-