RABINDRA PRASAD v. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY
WPC/2704/2024 · 2025-07-21
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 13112 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13112 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:19967
1 W.P.(C) No.2704 of 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2704 of 2024 -----
1. Rabindra Prasad, aged about 70 years, S/o Late Dukhi Prasad, R/o Flat No.101, Nandlal Tower, Radha Govind Street, Tharpakhana, P.O. GPO, P.S. Lower Bazar, Ranchi.
2. Harishchandra Kumar Singh, aged about 71 years, S/o Late Bireshwar Shastri, R/o Flat No.201, Nandlal Tower, Radha Govind Street, Tharpakhana, P.O. GPO, P.S. Lower Bazar, Ranchi.
3. Ram Lakhan Yadav, aged about 65 years, S/o Late Sukh Deo Yadav, R/o Flat No.203, Nandlal Tower, Radha Govind Street, Tharpakhana, P.O. GPO, P.S. Lower Bazar, Ranchi.
4. Sunil Chakaraborty, aged about 62 years, S/o Late Dharnidhar Chakaraborty, R/o Flat No.305, Nandlal Tower, Radha Govind Street, Tharpakhana, P.O. GPO, P.S. Lower Bazar, Ranchi.
.......... Petitioners. -Versus-
1. The State of Jharkhand through Chief Secretary, Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi.
2. The Chief Executive Officer, Ranchi Municipal Corporation, P.O. GPO, P.S. Kotwali, District Ranchi.
3. Chairman, Ranchi Regional Development Authority, Ranchi, P.O. GPO, P.S. Kotwali, District Ranchi.
4. Sri Nandlal Sahu, aged about 68 years, S/o Late Sitaram Sahu, Director, M/s. Atirthi Builders Pvt. Ltd. with office at Lalpur Chowk, P.O. GPO, P.S. Lalpur, District-Ranchi at present residing in Flat No.401, Nandlal Tower, Radha Govind Street, Tharpakhana, P.O. GPO, P.S. Lower Bazar, District Ranchi.
5. Sri Arun Bajoria, aged about 65 years, S/o Late Banbari Lal Bajoria, R/o Flat Nos.102 and 103, Nandlal Tower, Radha Govind Street, Tharpakhana, P.O. GPO, P.S. Lower Bazar, District Ranchi.
6. Administrator, Ranchi Municipal Corporation, Ranchi.
.......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR
----- For the Petitioners : Mr. Sakaldeo Singh, Advocate For the State :
A.C. to G.P.-III For the Res.-RMC : Mr. Shashank Shekhar, Advocate
-----
Order No.05
Date: 21.07.2025
2025:JHHC:19967
2 W.P.(C) No.2704 of 2024
1.
Learned counsel for the petitioners is permitted to implead the Administrator, Ranchi Municipal Corporation, Ranchi as respondent no.6 in the present writ petition.
2. Necessary insertion in the cause title of the writ petition be made by the learned counsel for the petitioners in course of the day.
3. The present writ petition has been filed for issuance of direction upon the concerned respondents to take steps for demolishing the unauthorized construction made by the respondent no.4 in the car parking area and over the roof of 3rd Floor of Nandlal Tower Apartment situated at Radha Govind Street, Tharpakhana, Ranchi as well as for demolishing the unauthorized construction made by the respondent no.5 in the corridor of first floor of the said Apartment, as construction of rooms/flats have been made by them unauthorizedly in the common area of the said Apartment. Further prayer has been made for issuance of direction upon the concerned respondents to dispose of the U.C. Case No.43 of 2022 which was instituted against the respondent nos.4 and 5.
4. Mr. Shashank Shekhar, learned counsel appearing on behalf of the respondent-RMC refers to paragraph no.9 of the counter affidavit dated 23rd August, 2024 filed on behalf of the respondent no.2 which reads as under:-
“9.That regarding the complaint of petitioners received in Ranchi Municipal Corporation, an Unauthorized Construction Case being UC Case No.43 of 2022 is registered in RMC. This UC case is being heard by Municipal Commissioner and the next date of hearing is on 19.09.2024. That the proceedings of this case will be completed shortly.”
2025:JHHC:19967
3 W.P.(C) No.2704 of 2024
5.
Learned counsel for the respondent-RMC, on instruction, submits that the said unauthorized construction case is still pending, the next date in which is 24th July, 2025.
6. Having heard the learned counsel for the parties, this Court is of the view that since the said unauthorized construction case was initiated in the year 2022 itself, the same should be
disposed of in accordance with law without further delay.
7. Hence, the respondent no.6 is directed to expedite hearing of U.C. Case No.43 of 2022 and to dispose of the same in accordance with law after providing due opportunity of hearing to the concerned parties within eight weeks from the date of receipt/production of a copy of this order.
8. The writ petition is accordingly disposed of with aforesaid direction.
(Rajesh Shankar, J.) Rohit/