RAM BINAY SINGH SON OF LATE NAGESHWAR SINGH Vs. PATNA MUNICIPAL CORPORATION THROUGH MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPORATION, MAURYA LOK

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging order dated 29.6.2009 (Annexure-1) by which the Municipal Commissioner, Patna Municipal Corporation (respondent no. 2) directed the petitioner to remove grill fixed on the entrance point of the fourth floor of the building Priyadarshini Apartment containing Flat Nos. 401-B and 402-B of Block-B on the stairs of the building leading to the roof which was exclusively possessed by the petitioner and also" to remove a partition wall constructed by the petitioner for privacy and security of his family members separating Block-A and Block-B of the building dividing the corridor between the said blocks.

(2.) Admittedly the petitioner is not the owner of either the aforesaid two flats or of the roof of the building, rather the said premises are owned by Mrs. Sushmita Mukherjee as per the builder's share. However, the petitioner is claiming the said properties on the basis of agreement for sale from the said owner dated 22.6.2001(Annexure-2).

(3.) It is interesting to note that the said admitted owner, namely Smt. Sushmita Mukherjee has lodged an F.I.R. against the petitioner and others bearing Budha Colony P.S. Case No. 20 of 2002 (Annexure-B/3 to the counter affidavit) for offences punishable under Sections 467, 468, 469, 471, 419, 452, 420, 380 and 120B/34 of the Indian Penal Code alleging that the agreement for sale is forged and fabricated document as neither the statement nor the signature thereon belong to her. It was also claimed that the original seal/stamp of the developer Company is also forged and lawyer Mr. Dharmendra Singh who is said to have identified the builder in the alleged agreement for sale was actually the same person who had earlier identified one Farhan Malik, the terrorist who had masterminded the attack on Kolkata Based American Centre in which he was arrested and taken away to Kolkata by Kolkata Police. The said case against the petitioner was prima facie found to be true and the police submitted charge-sheet on 28.2.2003 finding that the aforesaid Flat Nos. 401-B and 402-B of the building had been forcibly and illegally occupied by the petitioner.