Shyam Kumar Jalan vs The State Of Jharkhand & Anr
2021 Latest Caselaw 3697 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 1775 of 2021

Shyam Kumar Jalan                                          ......     Petitioner
                          Versus
The State of Jharkhand & Anr.                          ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner       : Mr. A.K. Das, Advocate
For the State            : Mr. Ravi Prakash, Spl. P.P.

04/Dated: 29/09/2021

This petition has been heard through Video Conferencing in view of

the guidelines of the High Court taking into account the situation arising due to

COVID-19 pandemic.

Learned counsel for the petitioner submits that the petitioner is owner

of a piece of land situated at Maiki Road and had along with one Anil Kumar Jalan,

who was the owner of the adjacent land, jointly entered into an agreement for

development upon the land with M/s 1-Rise Shelter Pvt. Ltd. Of which Anil Kumar

Agarwal is one of the Directors. As per the said development agreement, the builder

was required to construct the same within 54 months and hand over 70 % of the total

super built area to the owners of the land and only thereafter it was permissible for

him to retain the remaining 30% of the proposed built up area. The builder failed to

complete the construction within the prescribed period and had also failed to hand

over the share of the constructed area to the petitioner nor did the builder apply for

extension of time. The agreement for development has thus come to an end and as

the builder could not have entered into any agreement with any person far less the

opposite party no. 2 without handing over the possession of 70 % of the constructed

area to the land owners and in such circumstances, any agreement has been entered

into between opposite party no. 2 and builder, then the same is neither binding upon

the present petitioner nor the present petitioner can be held responsible for the

same. He submits that no case is made out against the petitioner. He submits that the

present case has been filed by a person who has entered into agreement with the

petitioner. He submits that the petitioner has been falsely implicated in this case.

Learned counsel for the petitioner relied upon judgment in the case of " Murari Lal Gupta Vs. Gopi Singh" reported in (2005) 13 SCC 699.

Let notice be issued upon the O.P. No. 2 by ordinary process as well as

registered post with A/D for which, requisite etc. must be filed within two weeks.

The petitioner shall not be arrested in connection with Kotwali P.S. Case No.

134 of 2021, pending in the Court of the learned Chief Judicial Magistrate, Ranchi, till

the next date.

Post the matter on 23.11.2021.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/-