2025:JHHC:29779 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.232 of 2024 .... 1. Bipin Kumar Agrawal, aged about 44 yrs, S/O Late Umesh Prasad Agrawal, resident of Shiv Printing Press, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 2. Kumari Rekha, aged about 53 yrs. W/O Sanjay Kumar resident of Kumhar Toli, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 3. Neelam Kumari, aged about 38 yrs. W/O Sanjay Kumar Barnwal, resident of Behind Swarn Cinema, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 4. Rajiv Kumar Gupta, aged about 53 yrs. S/O Sadanand Prasad, resident of Buxidih Road, Congress Office, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 5. Bijay Lal Barnwal, aged about 57 yrs. S/O Ramchandra Lal, resident of B.B. Cottage Road, New Barganda, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 6. Binay Purusottam, aged about 48 yrs. S/O Brajnandan Prasad, resident of Aarya Colony Barganda, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 7. Bijay Kumar Keshri, aged about 71 yrs. S/O Late Vishnu Lal Keshri, resident of 458A, S.B.I. Road, Lohar Gali, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 8. Sudhir Kumar, aged about 40 yrs. S/O Bhuneshwar Prasad, resident of Buxidih Road, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 9. Usha Devi, aged about 54 yrs. W/O Rajendra Barnwal, resident of Makatpur, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 10. Gournath Chatterjee, aged about 55 yrs S/O Late Dhiradranath Chatterjee, resident of Vill-Rajendra Nagar, P.O.-Barwadih, P.S.-Giridih (M), District- Giridih, Jharkhand 11. Mohammad Rustam, aged about 64 yrs. S/O Abdul Gafoor, resident of Vill- Razak Chok, P.O.-Pachamba, P.S.-Pachamba, District-Giridih, Jharkhand 12. Sushant Kumar Roy, aged about 57 yrs. S/O Laxmi Narayan Roy, resident of New Barganda New Colony, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 13. Toufik Alam, aged about 32 yrs. S/O Md Hanif, resident of Chudi Mohalla, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 14. Jhuma Choudhury, aged about 48 yrs. W/O Mukul Choudhury, resident of Nagina Singh Road, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 15. Anuj Kumar, aged about 43 yrs. S/O Brajnandan Prasad, resident of Near Jain House, Buxidih Road, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 16. Binod Kumar, aged about 52 yrs. S/O Ramchandra Lal, resident of New Barganda, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand 17. Satyendra Kumar, aged about 50 yrs. S/O Babulal Sahu, resident of Buxidih Road, Near Nagarpalika, P.O.-Giridih, P.S.-Giridih, District-Giridih, Jharkhand .… Petitioners Versus 1. The State of Jharkhand represented by Chief Secretary having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S.-Dhurwa, District-Ranchi, Jharkhand 2. The Secretary, Urban Development & Housing Department, Government of Jharkhand having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S.- Dhurwa, District-Ranchi, Jharkhand 3. The Director, State Urban Development Authority, Government of Jharkhand having its office at Project Bhawan, Dhurwa, P.O. Dhurwa, P.S.-Dhurwa, District-Ranchi, Jharkhand 2025:JHHC:29779 2 W.P.(C) No.232 of 2024 4. The District Commissioner, Giridih having its office at Giridih, P.O.-Karharbari, P.S.-Giridih (Muffasil), Jharkhand 5. The Deputy Municipal Commissioner, Giridih having its office at Giridih, P.O.- Giridih, P.S.-Nagar, District-Giridih, Jharkhand .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioners : Mr. Sujit Kr. Singh, Adv. For the State : Mrs. Moushmi Chatterjee, AC to GA-V For the Resp. No.5-GMC : Mr. Shadab Bin Haque, Adv. .... 07/24.09.2025 1. Heard the parties. 2. The present writ petition has been filed for the following reliefs:- “To issue necessary direction(s) / order(s) / writ(s) commanding upon the Respondent Authorities to not to shift their rented shops situated beside the road on three sides along the boundary line of the old office of Giridih Municipal Corporation to Makatpur Market in the light of false counter affidavits filed by the Respondent no. 5 in the Hon'ble Jharkhand High Court in W.P. (C) No.1274 of 2022 and in LPA No. 433 of 2022 declaring therein that there is no proposal to construct the Commercial shops in the office of the Municipal Corporation and only the office (administrative) building will be constructed at place where the shops of the petitioners and old office (now demolished) are situated whereas now the office building is being constructed somewhere else after passing of the final order in L.P.A. no. 433 of 2022 and to make provision for shops in new DPR if any new construction is proposed to be built at that place (old Municipal office).” 3. The field has already been occupied by the Division Bench and the relevant paragraphs of the order dated 29.03.2023 passed in L.P.A. No.433 of 2022 is quoted hereinbelow:- “4. During course of argument, counsel on behalf of Giridih Municipal Corporation submits that a fresh location has been selected, where the Corporation will construct shop-rooms to accommodate the petitioners. Counsel for the petitioners admitted the aforesaid fact and submitted that his clients are agreeable to shift their shops to the newly selected place, as the same is suitable for the petitioners. 5. Counsel for the petitioners submits that suffice it would be, if a direction is given to the respondent- Giridih Municipal Corporation to construct shop- rooms as early as possible so that the petitioners can shift their business to the 2025:JHHC:29779 3 W.P.(C) No.232 of 2024 newly constructed shop-rooms and till then they should not be directed to vacate their present shops, from where they are earning their livelihood. 6. Counsel for the Giridih Municipal Corporation does not oppose the aforesaid prayer of the writ petitioners and submits that within three months new shops will be constructed. 7. Considering the aforesaid submissions of the parties, this appeal is disposed of with direction to respondent -Giridih Municipal Corporation to construct shop-rooms for the petitioners at the new location within three months and allot the same to the petitioners. Once the allotment is made, the petitioners will shift, after vacating their respective present shop-rooms. Till the new shop-rooms are allotted to the petitioners by the Giridih Municipal Corporation, the petitioners will not be disturbed from their respective present shops, along with the boundary of the office of the Giridih Municipal Corporation. 8. Order dated 14.9.2022 passed in WP(C) No. 1274 of 2022 is modified only to the aforesaid extent. 9. Accordingly, this Letter Patent Appeal is disposed of.” 4. In the present writ petition the respondents were directed to file response and has also been directed to maintain status quo vide order dated 26.08.2025. 5. A counter affidavit has been filed by the respondent No.5. Paragraph Nos.7, 8, 9 & 10 of the said counter affidavit is quoted hereinbelow:- “7. That it is stated that the respondent Giridih Municipal Corporation (hereinafter referred to as GMC) has fully complied with the order passed by the Hon'ble Division Bench in L.P.A. No. 433 of 2022 by constructing shop-rooms for the petitioners at a new location. In pursuance of the aforesaid order, the Giridih Nagar Nigam has already constructed multiple shop rooms at Makatpur sabji mandi. 8. That it is stated that thereafter, several communications were also made by way of letter no. 1418 to 1421, 1423, 1432 and 1424 to 1436 dated 02.07.2025 but none of the petitioners took the pain to take part in the allotment process. For the sake of convenience, some of the notices have been annexed along with this counter affidavit. 9. That it is stated that thereafter again a letter was sent to the petitioners for taking part in the allotment process vide letter no. 1764 dated 19.08.2025 but again none chose to take part in the allotment process. 10. That it is stated that there was a direction in the aforesaid order that till the new shops are allotted to the petitioners by the GMC, the 2025:JHHC:29779 4 W.P.(C) No.232 of 2024 petitioners will not be disturbed and therefore petitioners have not been disturbed till date and when the GMC has given them notices to come up for allotment of shops then just to avoid the direction of the Hon'ble Division Bench and their own undertaking, the petitioners have come up with a new plea by filing the present writ application so that they will not be sent to a new place and remain in the old shop-rooms.” 6. Thus, the ball now lies in the court of the petitioners. Either they have to accept the allotment or to shift by 15th October, 2025, failing which the authority shall be at liberty to have the shop vacated in accordance with law through appropriate proceedings. 7. With above observation and direction, the present writ petition stands disposed of. 8. I.A.No.8373 of 2024 and I.A. No.11584 of 2025 also stand disposed of. (Rajesh Kumar, J.) 24.09.2025 Shahid/ uploaded