AMOD KUMAR Vs. PATNA MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the Patna Municipal Corporation.

(2.) The Petitioner seeks mandamus against the Corporation for issuance of necessary certificate under Section 21(4) of the Bihar Apartment Ownership Act, 2006 (hereinafter referred to as the Apartment Act) to enable him to produce the same before the Registration Authorities for registration of the flat in his name under the Registration Act.

(3.) The Petitioner states to have purchased an apartment located on the third floor of "R.D. Tower" Phase-2 situated at East Nehru Nagar, Patna constructed by M/s Magadh Colonizers Private Limited. The Managing Director of the Company died in course of the construction of the apartment. His wife then stepped into the shoes of the Managing Director. The apartment complex was built on private lands under an agreement between the landowner and the builder consisting of 16 flats of which 12 were in the builder's share and 6 in the landowner's share. Four flats on each floor fell to the builder's share and two to the landlord.