BHUBNESHWAR SINGH Vs. GANESH SINGH

JUDGEMENT

(1.) In the present application, attention of this Court has been drawn to the interim injunction issued by this Court in I.A. No.582 of 2005 passed in F.A. No.425 of 1991, wherein by order dated 24.08.2006, this Court had injuncted all the parties in the following terms :

(2.) Mr. Ganpati Trivedi, learned Senior Counsel appearing for the petitioner submits that despite the aforementioned order passed in First Appeal No.425 of 1991, on 05.09.2007, in blatant disregard of the same, a development agreement (Annexure 9) was executed between O.P. Nos.1, 2 and 6 and construction upon the part of the suit land (Plot No.1058) was started. During the pendency of the appeal, the opposite parties also presented the plan for construction.

(3.) On 20.02.2009, the petitioner served his representation before the Police Officer as well as the Opposite Parties No.3-5 (official respondents) and raised an objection against them in Plan Case No.499 of 2007, by informing them about the entire facts as well as the order of injunction passed by this Court. However, despite the objection having been filed and in wilful disobedience of the order of injunction, the Patna Municipal Corporation, vide its order dated 31.03.2009, had approved Plan Case No.499 of 2007. Learned counsel for the petitioner further submitted that vide order dated 14.05.2009 passed in I.A. No.6840 of 2007 (in F.A. No.425 of 1991), Shri Ganesh Singh (O.P. No.1 herein) was permitted only to negotiate transfer of the aforesaid land in favour of the builder with a condition that before finalizing such transfer, he must furnish to this Court, the terms on which the land is sought to be transferred to the builder on affidavit and that of the builder as well. It was further ordered that this Court shall pass further orders as to how the property shall be dealt with and proceeds received from the builders.