Court disposed of a contempt petition because the dispute shifted to Ranchi Municipal Corporation jurisdiction. Petitioner directed to bring the impugned writ order before the RMC.
Contempt petition disposed of; petitioner directed to bring writ order to notice of RMC.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 880 of 2012
...
Hari Shankar Prasad son of Late Uma Charan Prasad resident of House No. MIG-B/114, Harmu Housing Colony, PO & PS- Argora, District-Ranchi ... …Petitioner
-V e r s u s-
CORAM: - HON’BLE MR. JUSTICE APARESH KUMAR SINGH
… For the Petitioner : - M/s A. K. Sahani and Ajit Kumar, Advs. For the Opp Parties : - Mr. Arvind Kr. Singh, Adv. ....
02/04.02.2015
Upon hearing the learned counsel for the petitioner and going through the order under offence dated 07.08.2012, Annexure-1 along with counter affidavit filed on behalf of the opposite party no. 2, Vice Chairman, Ranchi Regional Development Authority (in short RRDA), Ranchi, it appears that the subject matter of the dispute has since fallen in the territorial jurisdiction of the Ranchi Municipal Corporation (in short RMC), Ranchi and does not fall under the RRDA any more. From para-5 of the statement made in the counter affidavit, it is also clear that the records of LS/47/10 has been sent to the Ranchi Municipal Corporation for its disposal on 09.10.2012 itself. Ranchi Municipal Corporation is not a party in the writ petition neither in the present contempt petition.
In such circumstances, this Court does not consider it proper to keep the instant contempt petition pending.
However, it is left open to the petitioner to bring the order passed in W. P. (C) No. 5977 of 2010 dated 07.08.2012 to the notice of the concerned competent authority of the RMC.
The instant contempt petition is accordingly, disposed of.
Kamlesh/
(Aparesh Kumar Singh, J.)
2 issues framed by the court
Whether the court should maintain a contempt petition where the subject matter has shifted to another authority.
Whether the petitioner should be directed to bring the impugned order to the notice of the new competent authority.
Hari Shankar Prasad
State of Jharkhand
Mr. Binay Kumar Choubey
Apareesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
