2025:JHHC:22926 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1602 of 2025 ---- Jitesh Rajpal, Son of Late Mohan Lal Rajpal, aged about 49 years, Resident of Sashi Bhushan Roy Road, Anda Patti, P.O & P.S Deoghar, District Deoghar …. …. Petitioner -Versus- 1. Deoghar Municipal Corporation, through Deoghar Muncipal Commissioner, having its office at Deoghar Muncipal Commissioner, P.O & P.S Deoghar, District-Deoghar 2. Assistant Municipal Commissioner, Deoghar Municipal Corporation, officiating from his office at O/o Assistant Muncipal Commissioner, Deoghar Muncipal Commissioner, P.O & P.S. Deoghar, District-Deoghar 3. Anand Sah, Son of Late Arun Kumar Sah, Resident of S.B. Roy Road, P.O & P.S. Deoghar, District-Deoghar …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner : Mr. Prashant Pallav, Advocate For the Respondent-DMC : Mr. Vijay Shanker Jha, Advocate ---- 04/Dated: 11th August, 2025 1. Heard the learned counsels for the parties. 2. The present writ petition has been filed for following reliefs:- “(a) For quashing of the notice contained in Memo No.384 dated 17th February, 2025 (Annexure-1) issued by the Respondent No 2 in the name of Respondent No. 3 whereby whereunder the Respondent No.3 has been directed to vacate the property situated at Aazad Chowk, Opp. Sheetla Mandir, within Ward No.19, District Deoghar (hereinafter referred to as the Scheduled Property), though the Scheduled Property is occupied by the Petitioner (Tenant), on the ground that the Scheduled Property has been declared to be in a 'dangerous condition'. (b). For issuance of an appropriate writ(s), order(s) or direction(s) to stay the operation of the notice contained in Memo No. 384 dated 17th February 2025 2025:JHHC:22926 2 W.P.C No.1602 of 2025 issued by the Respondent No. 2 till the pendency of the instant writ petition.” 3. It has been submitted by the learned counsel for the petitioner that the petitioner is an occupier/tenant of the building. A complaint has been made that without his participation in the proceeding, an adverse order has been passed by the respondents which is per se illegal. 4. Learned counsel for the respondent-DMC has accepted this legal position. 5. From perusal of Section 49 of the Jharkhand Municipal Act 2011, it is evident that this power lies with the municipal authorities, but they have to initiate a proceeding, after giving notice to the occupier as well as the owner of the building. After following due process, opportunity must be given to the affected parties and then only an effective order can be passed. 6. In view of the above legal proposition, the present writ petition is hereby, disposed of directing the municipal authority to proceed in accordance with law, after giving due opportunity to the occupier/owner and other affected persons, if any. (Rajesh Kumar, J.) Raja/- Uploaded