Ashok Sahu Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Ashok Sahu Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to pursue his representation before the Ranchi Municipal Corporation; the Corporation to look into the matter and pass an appropriate order, completing all exercise within four weeks of receipt/production of a copy of the order; pending I.A., if any, disposed of.

Issue for consideration

Whether the Municipal Commissioner, Ranchi Municipal Corporation (respondent no. 2) should be directed to conduct a physical verification of the site and demolish the chhaja constructed by respondent no. 5 during renovation of her house at Ghat Road, Khata No. 219, Plot No. 464, P.S. Chutia, Ranchi. +1 more

Ratio / Principle

The writ petition is disposed of with liberty to the petitioner to pursue his representation before the Ranchi Municipal Corporation, which is to look into the matter and pass an appropriate order.

Key takeaways

Since the representation has been pending since 2019, all exercise in deciding the petitioner's representation shall be completed within four weeks from the date of receipt/production of a copy of the order.ratio¶¶24

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi, W.P.(C) No. 1466 of 2023, decided 22/07/2024 (Sanjay Kumar Dwivedi, J.). Petitioner Ashok Sahu, in dispute with respondent no. 5 Shobha Sinha over 0.74 decimal of land (khata no. 219, plot no. 464, Lower Chutia, Ranchi), prayed for a direction to the Municipal Commissioner, Ranchi Municipal Corporation to physically verify the site and demolish a chhaja constructed by respondent no. 5 during renovation of her house, alleged to project onto the road. His representations (annexures 5 and 6) before the Corporation had remained undecided since 2019. Learned counsel for the State and the Corporation jointly submitted that a representation existed and that the Corporation was the competent authority to decide it. The Single Judge disposed of the writ petition with liberty to the petitioner to pursue the representation before the Ranchi Municipal Corporation, which was to look into the matter and pass an appropriate order, with all exercise to be completed within four weeks of receipt/production of a copy of the order. Pending I.A., if any, stood disposed of.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1466 of 2023

Ashok Sahu, aged about 50 years, son of late Ram Jatan Sahu @ Late Ram Jatan Teli @ Late Jatan Sahu, resident of Ghat Road, Lower Chutia, Beside Sharswati Shishu Mandir, P.O. and P.S. Chutia, District-Ranchi

Petitioner

Versus

1.The State of Jharkhand

The Municipal Commissioner, Ranchi Municipal Corporation, Ranchi, P.O.and P.S. Ranchi, District-Ranchi

3.The Deputy Commissioner, Ranchi, P.O. Ranchi Court, P.S. Kotwali, DistrictRanchi

The Principal Secretary, Housing and Urban Development, Govt. of Jharkhand, P.O. and P.S. Dhurwa, District-Ranchi

Shobha Sinha, wife of Arjun Prasad Sinha, Resident of Lower Chutia, beside Sharswati Shishu Mandir, P.O. and P.S. Chutia, District-Ranchi

…… Respondents

---------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---------

For the Petitioner : Mr. Jayant Kumar Pandey, Advocate For the State : Mr. Raunak Sahay, Advocate For the R.M.C. : Mr. Shashank Shekhar, Advocate

06/Dated: 22/07/2024

Heard Mr. Jayant Kumar Pandey, learned counsel for the petitioner,

Mr. Raunak Sahay, learned counsel for the State and Mr. Shashank Shekhar, learned counsel for the Ranchi Municipal Corporation.

Prayer in this writ petition is made for direction upon the respondent no. 2 to conduct physical verification of site and demolish the chhaja constructed by the respondent no.5 during renovation of her house situated at Ghat Road, Khata No. 219, Plot No. 464, P.S. Chutia, DistrictRanchi.

Learned counsel for the petitioner submits that the dispute is there between the petitioner and the respondent no. 5 with regard to 0.74 decimal land, khata no.219, plot no. 464, lower Chutia, District-Ranchi. He submits that respondent no. 5 has illegally made chhaja which is coming in the road. He further submits that the petitioner has filed representation before the Ranchi Municipal Corporation contained in annexures 5 and 6 but no decision has been

taken as yet.

Learned counsels for the State and Ranchi Municipal Corporation jointly submit that representation is there and Ranchi Municipal Corporation is the competent authority to take a decision.

In view of above facts, this writ petition is disposed of with liberty to the petitioner to pursue the said representation before the Ranchi Municipal Corporation, Ranchi who will look into the matter and pass appropriate order.

It is needless to say that since the representation is pending since 2019, all exercise shall be completed in deciding the representation of the petitioner within four weeks from the date of receipt/production of a copy of

this order.

This writ petition is accordingly disposed with the aforesaid observation. Pending I.A, if any, stands disposed of.

( Sanjay Kumar Dwivedi, J.)

Satyarthi