Allowed

Suresh Kumar Agarwal v. the State of Jharkhand

Jharkhand HC2 Aug 2023WPC/924/2021

Case brief

AI extract

What is this about?

The High Court allowed two writ petitions challenging an order directing demolition of structures. The Court set aside the impugned order passed without a hearing, deviating from a coordinate bench's decision which had set aside a similar order. Parties are directed to appear before the Executive Officer with sufficient opportunity given to plead their case for disposal within two months.

What did the court decide?

The order dated 05.02.2021 directing demolition is set aside. Parties directed to appear before Executive Officer on 24.08.2023 with due hearing to dispose proceedings within two months.

Suresh Kumar Agarwal Vs the State of Jharkhand — Municipal and Town Planning | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 923 of 2021

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Gopal Kumar Lachhiramka … Petitioner

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Versus

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The State of Jharkhand

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Secretary, Urban Development and Housing

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Department, Government of Jharkhand

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Deputy Commissioner, Deoghar

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Sub-Divisional Officer, Madhupur

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Executive Officer, Madhupur Nagar Parishad, Madhupur

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Indu Devi … Respondents WITH

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W.P.(C) No. 924 of 2021

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Suresh Kumar Agarwal … Petitioner

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Versus

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The State of Jharkhand

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Secretary, Urban Development and Housing

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Department, Government of Jharkhand

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Deputy Commissioner, Deoghar

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Sub-Divisional Officer, Madhupur

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Executive Officer, Madhupur Nagar Parishad, Madhupur

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Indu Devi

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… Respondents

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CORAM : HON'BLE MR. JUSTICE AMBUJ NATH

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--------- For the Petitioners : Mr. Ashwini Bhushan, Advocate For the Res.-State : Mr. Lal Gyan Ranjan Nath Shahdeo, A.C. to S.C.-IV For the Respondent No.5 : Mr. Rajesh Kumar, Advocate

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.........

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06/02.08.2023

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Both these writ petitions have been filed challenging the order dated 05.02.2021, passed by respondent No.5 Executive Officer, Nagar Parishad, Madhupur, directing the writ petitioners and others to demolish the structures on land appertaining to old Holding No.162, SAF Holding No.001000407000, 0080000408000 in ward No.8 on the ground that the structures standing on this land where in depleted condition and were likely to cause damage to life and property.

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Mr. Ashwini Bhushan, learned counsel appearing on behalf of the petitioners submitted that this order was passed without giving an opportunity to the petitioners to plead their case before respondent No.5 Executive Officer, Nagar Parishad, Madhupur. It was further submitted that Executive Officer, Nagar Parishad, Madhupur has passed the order without adhering to Section 387 of the Jharkhand Municipal Act and Section 24 of the Jharkhand Building Bye-laws and not giving any

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-2-

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opportunity to the petitioners to place their case before him.

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Mr. Rajesh Kumar, learned counsel appearing on behalf of the respondent No.5 submitted that the similar order passed by the same respondent was challenged in W.P.(C) No.542 of 2020 and Co-ordinate Bench of this Court has set aside the order on the ground that it was passed without hearing the writ petitioners.

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In view of the aforesaid facts, the order dated 05.02.2021 (Annexure-1) is set aside.

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Both these writ petitions are allowed.

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The petitioners in both the writ petitions and the respondent No.6 namely Indu Devi or their representatives shall appear before the respondent No.5 Executive Officer, Nagar Parishad, Madhupur on 24.08.2023, who after providing sufficient opportunity to the parties to plead their case shall dispose of the proceeding in accordance with law, preferably within two months from the date of their appearance.

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(Ambuj Nath, J.)

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Jay/-

Suresh Kumar Agarwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Suresh Kumar Agarwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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