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2025 DAILYLAW 9156 (JHR)

THE REEF ROOFTOP RESTAURANT (A UNIT OF HOTEL CORAL GRAND) THROUGH ITS PROPRIETOR MD. SAJJAD AKHTAR v. THE STATE OF JHARKHAND

WPC/1644/2025 · 2025-07-02

Gautam Kumar Choudhary

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:17638 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1642 of 2025 Babylon Rooftop Restaurant, through its proprietor Sakib Sazzad @ Saquib Sajjad, S/o Md. Sajjad Akhtar, R/o Flat No. 304, third floor, Block C, Santushti, Church Road, P.O. GPO, P.S. Lower Bazar, District-Ranchi (Jharkhand0 ..... .... Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Urban Development & Housing Department, Govt. of Jharkhand, having its Office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi 3. The Deputy Commissioner, Ranchi having its office at Collectorate Building, Ranchi, P.O. GPO, P.S., Kotwali, District-Ranchi (Jharkhand) 4. Ranchi Municipal Corporation through its Municipal Commissioner having its office at Ranchi Nagar Nigam Building, P.O.-GPO, P.S.-Kotwali, District Ranchi (Jharkhand) 5. The Administrator, Ranchi Municipal Corporation, having its office at Ranchi Nagar Nigam Building, P.O.-GPO, P.S.- Kotwali, District-Ranchi (Jharkhand) 6. The Additional Municipal Commissioner, Ranchi Municipal Corporation, having its office at Ranchi Nagar Nigam Building, P.O.-GPO, P.S.- Kotwali, District-Ranchi (Jharkhand) … …. Respondents With W.P.(C) No. 1644 of 2025 The Reef Rooftop Restaurant (a unit of Hotel Coral Grand), through its proprietor Md. Sajjad Akhtar, S/o late Md. Jamaluddin, R/o Flat No. 304, third floor, Block C, Santushti, Church Road, P.O. GPO, P.S. Lower Bazar, District- Ranchi (Jharkhand) ..... .... Petitioner Versus 1. The State of Jharkhand 2. The Secretary, Urban Development & Housing Department, Govt. of Jharkhand, having its Office at Project Building, P.O. & P.S.-Dhurwa, District-Ranchi 3. The Deputy Commissioner, Ranchi having its office at Collectorate Building, Ranchi, P.O. GPO, P.S., Kotwali, District-Ranchi (Jharkhand) 4. Ranchi Municipal Corporation through its Municipal Commissioner having its office at Ranchi Nagar Nigam Building, P.O.-GPO, P.S.-Kotwali, District Ranchi (Jharkhand) 5. The Administrator, Ranchi Municipal Corporation, having its office at Ranchi Nagar Nigam Building, P.O.-GPO, P.S.- Kotwali, District-Ranchi (Jharkhand) 6. The Additional Municipal Commissioner, Ranchi Municipal Corporation, having its office at Ranchi Nagar Nigam Building, P.O.-GPO, P.S.- Kotwali, District-Ranchi (Jharkhand) … …. Respondents 2025:JHHC:17638 CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioners : Mr. Shadab Bin Haque, Advocate Ms. Saba, Advocate Ms. Nisha Kumari, Advocate For the State : Mr. Krishna Kumar Bhatt, AC to SC-I ------ Order No. 05 / Dated : 02.07.2025. Both the writ petitions have been filed under Article 226 of the Constitution of India for quashing of the order dated 21.02.2025 passed in U.C. Case Nos. 58 of 2024 and 73 of 2024 by the Additional Municipal Commissioner, Ranchi, Municipal Corporation, Ranchi (respondent no. 6). The petitioners are the owners of rooftop restaurants and by the order dated 21.02.2025 issued by the Additional Municipal Commissioner, Ranchi, Municipal Corporation, Ranchi, the operation of the both the restaurants has been stopped with immediate effect with a further direction for demolition of these restaurants. It is submitted by learned counsel for the petitioners that the impugned order is without jurisdiction and statutory authority and consequently, similar orders have been quashed in W.P.(C) Nos. 1522 of 2025 and 1748 of 2025. Both these cases are on similar footing. Under the circumstance, the impugned order in both the writ petitions is set aside. Accordingly, both the writ petitions are allowed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Pawan/ -