GREEKA KITCHEN AND BAR OWNED BY M/S ARSH HOSPITALITY THROUGH ITS PARTNER SHIKHAR SAHU v. STATE OF JHARKHAND THROUGH CHIEF SECRETARY, GOVERNMENT OF JHARKHAND
WPC/1522/2025 · 2025-04-08
Deepak Roshan
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 7213 (JHR) · dailylaw.ai ]
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[ 2025 DAILYLAW 7213 (JHR) · dailylaw.ai ]
Judgment text
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2025:JHHC:10786-DB 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1522 of 2025
-------- Greeka Kitchen and Bar owned by M/s Arsh Hospitality through its Partner Shikhar Sahu, aged about 34 years, Son of Niraj Sahu, having office at 4th and 5th Floor Minu Heights, Opposite Rock Garden, Kanke, P.O. Kanke, P.S. - Kanke, District - Ranchi … … Petitioner(s)
Versus
1. State of Jharkhand through Chief Secretary, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. & P.S.- Dhruwa, District - Ranchi, Jharkhand.
2. Secretary, Urban Development & Housing Department, Government of Jharkhand, having its office at Project Bhawan, Dhurwa, P.O. & P.S. - Dhruwa, District - Ranchi, Jharkhand.
3. Deputy Commissioner, Ranchi, having its office at Collectoriate Building, Ranchi, P.O. & P.S. - Ranchi, District - Ranchi.
4. Ranchi Municipal Corporation, through its Municipal Commissioner, having its office at Kutchery Chowk, P.O. G.P.O., P.S. Kotwali, District Ranchi - 834001.
5. Administrator, Ranchi Municipal Corporation, having its office at Kutchery Chowk, P.O. G.P.O., P.S. Kotwali, District Ranchi -834001.
6. Additional Commissioner, Ranchi Municipal Corporation, having its office at Kutchery Chowk, P.O. - G.P.O., P.S. Kotwali, District Ranchi -
834001.
… … Respondent(s)
CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE DEEPAK ROSHAN
For the Petitioner : Mr. Amritansh Vats, Advocate
Ms. Oishi Das, Advocate
Mr. Amartya Choubey, Advocate
Mr. Arpan M. Ekka, Advocate
Mr. Ashish Choudhary, Advocate For the Respondents
: Mr. Piyush Chitresh, AC to AG
Mr. L. C. N. Shahdeo, Advocate
-------- 05/Dated: 08.04.2025 M. S. Ramachandra Rao, C.J. (Oral)
1.
Having regard to the order passed by this Bench on 11.03.2025 in W.P.(PIL) No. 1139 of 2024 and W.P.(PIL) No. 3795 of 2023 that unless there are structural safety issues endangering the
2025:JHHC:10786-DB 2
safety of the users/customers of the Roof Top Bars or Restaurants, no action shall be taken against them, and that the Municipal Authorities cannot insist on the existence of approved plan for a Roof Top Bar and Restaurant, the impugned order dated 21.02.2025 passed by the Additional Town Commissioner, Ranchi Municipal Corporation, Ranchi is set aside and the writ petition is allowed.
2. Pending I.A, if any, stands disposed of.
(M. S. Ramachandra Rao, C.J.)
(Deepak Roshan, J.) Amit/Kunal