RAJESH KUMAR Vs. TARUN KUMAR

JUDGEMENT

(1.) In the instant Letters Patent Appeal, appellants have assailed the order of learned Single Judge dtd. 3/4/2019 passed in C.W.J.C. No. 9864 of 2017.

(2.) Brief facts of the case are that Bangali Singh had given gift of three Katha of land to his son Shailesh Kumar-third respondent herein. Bangali Singh had three sons, namely, Shailesh Kumar, Rajesh Kumar and Mukesh Kumar. They have constituted a partnership firm called SRM Builders. Further, they have entered into development of land agreement in the name of SRM Builders to the extent of nine Katha of land to be developed. Third respondent-Shailesh Kumar proceeded to apply for composite plan sanction and Corporation sanctioned the plan. In this regard, the litigation in C.W.J.C. No. 8152 of 2013 was disposed of on 10/5/2013 with an observation that no construction shall be made in the violation of order dtd. 24/5/2013 stated to have been issued by the Corporation. When things stood thus, SRM Builders proceeded to reconstitute the partnership vide a new deed on 11/7/2013 while giving large chunk of share of 70% to Surya Nest Build Limited and they had entered into agreement. In this regard, there were certain delay in completion of the construction and so also there were certain alleged deviation in construction of building. The same was noticed by the Patna Municipal Corporation (for short "Corporation"). Corporation proceeded to take action to demolish the building and, thereafter, decision of the corporation was revoked only to the extent of condonation while levying compounding fee. To that effect an order was passed by the Municipal Corporation on 24/11/2015.

(3.) Feeling aggrieved and dissatisfied with the order of the Municipal Commissioner dtd. 24/11/2015, Shailesh Kumar who is the one of the partners of SRM Builders preferred an appeal before the Municipal Building Tribunal-1 and it was allowed in his favour on 31/5/2017. Feeling aggrieved by the order of the Tribunal dtd. 31/5/2017, Tarun Kumar, Managing Partners, SRM Builders preferred C.W.J.C. 9864 of 2017. The learned Single Judge allowed the writ petition on 13/4/2019 in C.W.J.C. No. 9864 of 2017, hence, the present appeal.