Disposed

Jaymani Kumari v. the State of Jharkhand through the Pr Secretary Town Development Department

Jharkhand HC7 Mar 2022WPC/1082/2020

Case brief

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What is this about?

The High Court, Jharkhand, disposed of a writ petition where the Town Commissioner issued a notice to remove an iron gate but subsequently withdrew the same. The court directed the respondent to install the petitioners' gate within a specific timeframe.

What did the court decide?

Direction to Respondent No. 4 to install the petitioners' gate by 31.03.2022

Jaymani Kumari Vs the State of Jharkhand through the… — Landlord and Tenant | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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[Civil Writ Jurisdiction]

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W.P.(C ) No. 1082 of 2020

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Jaymani Kumari & Ors. .... .. ... Petitioners Versus The State of Jharkhand & Ors. .. ... ...Respondents

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........... CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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......... For the Petitioners : Mr. Rajesh Kumar, Advocate For the respondent No.4 : Mr. Vijay Shanker Jha, Advocate

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07/ 07.03.2022 .

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Heard, learned counsel for the parties.

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Learned counsel for the petitioners, Mr. Rajesh Kumar has submitted that respondent no.4- The Town Commissioner, Deoghar Municipal Corporation, Deoghar has issued notice to the petitioners as contained in Letter No.3680 dated 07.11.2019 under the signature of Town Commissioner, Deoghar Municipal Corporation, Deoghar whereby the petitioners have been asked to remove the iron gate made over the petitioners' private land, failing which the same shall be demolished.

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Learned counsel for the petitioners, Mr. Rajesh Kumar has further submitted that notice as contained in Letter No.3680 dated 07.11.2019 has been issued under misconception as the said gate situated over the plot no.249, which belongs to the petitioner and others, who have purchased the said land from Smt. Simla Kapoor widow of late Ram Darshan Kapoor through registered sale deed and installed iron gate over the private road for security and safety purposes.

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Learned counsel for the respondent no.4, Mr. Vijay Shanker Jha has produced a copy of order as contained in Letter No.543 dated 04.03.2022, whereby the Town Commissioner, Deoghar Municipal Corporation, Deoghar has recalled his earlier notice no.3680 dated 07.11.2019 issued to the petitioners stating therein that the status as ante shall prevail as on 30.01.2020 and they will install the gate of the petitioners.

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Be that as it may, since the impugned order has already withdrawn by the Deoghar Municipal Corporation, Deoghar and they have also assured that they will install the gate of the petitioners, as such, this Court direct the respondent no.4 to install the gate of the petitioners by 31.03.2022.

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Accordingly, the instant writ petition stands disposed of.

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(Kailash Prasad Deo, J.)

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R.S.

Jaymani Kumari v. the State of Jharkhand through the Pr Secretary Town Development Department

Case brief

What is this about?

What did the court decide?

Jaymani Kumari v. the State of Jharkhand through the Pr Secretary Town Development Department

Case brief

What is this about?

What did the court decide?

What the court decided

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