IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1294 of 2025 Madhulika Pandey, W/o Devta Pandey, R/o House No. 189 B, Khordah, Bampass Town, Devsangh, Bhandar Kola, Deosang, Deoghar … … Petitioner Versus Deoghar Municipal Corporation, through the Municipal Commissioner, Deoghar … … Respondent CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Prashant Pallav, Advocate Ms. Shivani Jaluka, Advocate For the Respondent : Mr. Vijay Shanker Jha, Advocate ----- 04/27.03.2025 The present writ petition was initially filed for quashing the notice as contained in letter no. 234 dated 04.02.2025 (Annexure-2 to the writ petition) issued by the respondent no. 1, whereby the husband of the petitioner has been called upon to furnish the document/sanctioned plan within a period of three days with respect to the house owned and possessed by the petitioner, failing which action will be taken under the provisions of Jharkhand Building Bye-laws, 2016. 2. Learned counsel for the petitioner submits that during pendency of the writ petition, the Municipal Commissioner-cum- Administrator, Deoghar Municipal Corporation, Deoghar has passed the order dated 18.03.2025 in U.C Case No. 01/2025 directing the petitioner to remove the alleged illegal construction made over the land in question. Though the said order passed by the Municipal Commissioner-cum-Administrator is appealable in nature in view of Section 436(3) of the Jharkhand Municipal Act, 2011, however, the R.R.D.A Appellate Tribunal is presently not functional. 3. Under the said circumstance, the petitioner has filed 2 W.P.(C). No. 1294 of 2025 I.A. No. 3605 of 2025 seeking challenge to the said order passed by the Municipal Commissioner-cum-Administrator, Deoghar Municipal Corporation, Deoghar in U.C Case No. 01/2025. 4. The petitioner has also filed I.A. No. 3604 of 2025 for staying the operation of the aforesaid order passed in U.C Case No. 01/2025. 5. The writ petition was earlier taken up on 26.03.2025 and on the said date, Mr. Sachin Kumar, learned AAG-II was directed to inform the Court as to whether the R.R.D.A Appellate Tribunal is functional. If not, for what reason. 6. Learned AAG-II appears through online mode and on instruction, submits that the R.R.D.A Appellate Tribunal is not functional as the post of the judicial member of the same is presently vacant. 7. Heard learned counsel for the parties. 8. According to learned counsel for the petitioner, though during pendency of the writ petition, the Municipal Commissioner- cum-Administrator, Deoghar Municipal Corporation, Deoghar has finally disposed of U.C Case No. 01/2025 vide order 18.03.2025, I.A. No. 3605 of 2025 has been filed on her behalf seeking challenge to the said order primarily due to the reason that the petitioner is not in a position to prefer appeal against the said order before the R.R.D.A Appellate Tribunal, as at present it is non- functional. 9. Considering the aforesaid submission of learned counsel for the petitioner and keeping in view that the order dated 3 W.P.(C). No. 1294 of 2025 18.03.2025 passed by the Municipal Commissioner-cum- Administrator, Deoghar Municipal Corporation, Deoghar in U.C Case No. 01/2025 is appealable in nature under Section 436(3) of the Jharkhand Municipal Act, 2011, the petitioner is directed to prefer an appeal along with the application seeking interim relief by 08.04.2025 invoking the said provision before the R.R.D.A Appellate Tribunal. The said appeal as well as the application for interim relief shall be taken up for consideration by the R.R.D.A Appellate Tribunal as soon as it gets functional. 10. The operation of the order dated 18.03.2025 passed by the Municipal Commissioner-cum-Administrator, Deoghar Municipal Corporation, Deoghar in U.C Case No. 01/2025 shall remain stayed, till the said appeal along with the application seeking interim relief preferred by the petitioner is taken up for consideration by the R.R.D.A Appellate Tribunal for the first time. 11. The writ petition is accordingly disposed of. 12. I.A. No. 3605 of 2025 and I.A. No. 3604 of 2025 also stand disposed of accordingly. (Rajesh Shankar, J.) Manish