DURGA PRASAD SHARMA v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY
WPC/2859/2025 · 2025-07-28
Rajesh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17129 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17129 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:20789
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (C) No.2859 of 2025 ---- Durga Prasad Sharma, aged about 65 years, Son of Shri Chauthmal Sharma, Resident of Holding No.70 and 71, Dhatkidih, Market, P.O.+P.S.- Bistupur, Town-Jamshedpur, District – East Singhbhum.
…. …. Petitioner(s) Versus
1. The State of Jharkhand through the Chief Secretary, at Project Building Dhurwa, P.O.-Dhurwa, P.S.-Jagarnathpur, District-Ranchi (Jharkhand).
2. Deputy Commissioner, East Singhbhum, Jamshedpur, Collectorate, P.O.+P.S.- Bistupur, Town-Jamshedpur, District – East-Singhbhum.
3. Sub-Divisional Officer, Dhalbhum at Jamshedpur, Sub-Divisional Officer Office, P.O.+P.S.- Bistupur, Town-Jamshedpur, District-East- Singhbhum.
4. Special Officer, Jamshedpur, Notified Area Committee, Sakchi, P.O.+P.S.- Bistupur, Town-Jamshedpur, District-East-Singhbhum.
5. Deputy Municipal Commissioner, Jamshedpur Notified Area Committee, Sakchi, P.O.+P.S.- Bistupur, Town-Jamshedpur, District-East- Singhbhum.
6. Town Planner, Jamshedpur Notified Area Committee, Sakchi, P.O.+P.S.- Bistupur, Town-Jamshedpur, District-East-Singhbhum.
7. Assistant Town Planner, Jamshedpur Notified Area Committee, Sakchi, P.O.+P.S.- Bistupur, Town-Jamshedpur, District-East-Singhbhum.
8. Adil Rashid, Son of Late Roshan Rashid, Resident of House No.77, Road No.3 Line No.5 B Block Dhatkidih, P.O.+P.S.- Bistupur, District – East Singhbhum, Jamshedpur.
9. Tariq Rashid, Son of Late Roshan Rashid, Resident of House No.77, Road No.3 Line No.5 B Block Dhatkidih, P.O.+P.S.- Bistupur, District – East Singhbhum, Jamshedpur.
10. Shanwar Rahman, Son of Late Ahsan Ali, Resident of House No.77, Road No.3 Line No.5 B Block Dhatkidih, P.O.+P.S.- Bistupur, District – East Singhbhum, Jamshedpur.
…. …. Respondent(s) ----
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----
For the Petitioner(s)
: Mr. Kirti Vardhan, Adv.
Mr. Aditya Aman, Adv.
For the Respondent(s)
: Mr. Vijay Kr. Roy, Adv.
Mrs. Nirupama, Adv.
----
2025:JHHC:20789
Page | 2
W.P. (C) No.2859 of 2025
02/Dated: 28th July, 2025
1. The present writ petition has been filed for following reliefs:-
“(i) To direct the Respondent No. 4 not to recover cost of demolition in the event of demolition of the building structure (in furtherance to Letter No. 263 dated 22.01.2025 issued by Assistant Town Planner, Jamshedpur Notified Area Committee Respondent No. 7 Annexure - 4) standing upon the land within holding No. 70 and 71, Dhatkidih market, PO and PS Bistupur, town - Jamshedpur, District -East Singhbhum, since, the present structure/building is being illegally constructed by the Private Respondent No. 8, 9 & 10, without having any sanctioned map passed by competent authority thereof, although the title of the land belongs to the Petitioner.
(ii) Further be pleased to direct the Respondent No. 7 to decide the reply dated 27.01.2025 preferred by the petitioner in response to Letter No. 263 dated 22.01.2025 issued by Respondent No. 7. (Annexure-4).”
2. Notice had been issued vide Letter No.263 dated 22.01.2025.
3. It is settled principle of law that by a letter no proceeding can be initiated. A fruitful result can be produced only after initiation of a proceeding. In the present case, the impugned notice is not an initiation of a proceeding and as such it is incapable of producing any result.
4. In that view of the matter, there is no requirement of passing any
order, however, it is expected that the authority will act in accordance with law and will follow the due process of law. The authorities are supposed to initiate a proceeding after getting themselves satisfied and then normally notice may be issued. Undue harassment to the citizens itself is misuse of the process of the court.
5. With above observation and direction, the present writ petition stands
disposed of.
(Rajesh Kumar, J.) Amar/- Uploaded