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2026 DAILYLAW 28251 (JHR)

ANJAY SARAWGI v. RANCHI MUNICIPAL CORPORATION, THROUGH THE MUNICIPAL COMMISSIONER

WPC/7680/2026 · 2026-10-05

Rajesh Shankar

Writ Petition (Civil)body2026

Judgment text

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2026:JHHC:29669 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 7680 of 2026 Anjay Sarawgi ….. Petitioner Versus 1. Ranchi Municipal Corporation, through the Municipal Commissioner, Ranchi 2. The Deputy Municipal Commissioner, Ranchi Municipal Corporation, Ranchi ….. Respondents ----- CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner: Mr. Nitin Kr. Pasari, Advocate For the Respondents: Dr. Vandana Singh, Advocate ----- 02/05.10.2026 The present writ petition has been filed for issuance of direction upon the respondents to show cause as to why a notice for sealing of the premises in question as well as for payment of arbitrary dues, has been issued on 09.09.2026 (Annexure-2 to the writ petition) under the signature of the respondent No.2 without deciding the review application filed by the petitioner on 01.04.2026. Further prayer has been made for quashing the said notice dated 09.09.2026. 2. Learned counsel for the petitioner submits that on 12.03.2016, the Additional Municipal Commissioner, Ranchi Municipal Corporation had issued a notice to the petitioner calling upon him to make payment of Rs.12,86,076.60/-. Since the said demanded amount was erroneous, the petitioner challenged the same by preferring a writ petition being W.P.(C) No. 1794/2017. The said writ petition was disposed of vide order dated 09.07.2019 giving liberty to the petitioner to avail alternative remedy in accordance with law. In view of the said liberty, the petitioner preferred a detailed representation on 04.09.2019 before the respondent No.1 requesting inter alia to make fresh calculation with respect to the lease rent of the premises in question. 3. It is further contended that despite the petitioner’s representation, the Municipal Authorities did not take any decision, rather kept on issuing the 2026:JHHC:29669 2 notices to the petitioner asking to deposit the lease rent along with interest on the basis of the calculation earlier made vide notice dated 12.03.2016. 4. In the meantime, the petitioner paid the admitted amount of the lease rent to the Ranchi Municipal Corporation as would be evident from the receipt dated 18.03.2026. Since no decision was taken by the Municipal Authorities for several years on the petitioner’s representation, he by invoking Section 167 of the Jharkhand Municipal Act, 2011, preferred a review application before the respondent No.1. Even the said review application was not considered by the respondent No.1, rather the impugned notice dated 09.09.2026 was issued to the petitioner by the respondent No.2 calling upon him to make payment of Rs.26,63,599/-, failing which the premises in question would be sealed. Under the said compelling circumstances, the petitioner has preferred the present writ petition. 5. Dr. Vandana Singh, learned counsel for the respondent-Ranchi Municipal Corporation, submits that the respondent No.1 will take appropriate decision on the petitioner’s review application. 6. Heard learned counsel for the parties and perused the relevant materials available on record. 7. The petitioner has stated in paragraph 22 of the writ petition that he has filed the review application before the respondent No.1 on 01.04.2026. The petitioner has also annexed a copy of the review application as Annexure-1 to the writ petition, which bears receipt of the official of the Ranchi Municipal Corporation. It has been further averred in paragraph 23 of the writ petition that through the said review application remained unconsidered, the respondent No.2 issued a fresh notice dated 09.09.2026 calling upon the petitioner to make payment of Rs.26,63,599/-. 8. Under the said circumstances, the respondent No.1 is directed to take up the review application preferred by the petitioners and on providing an 2026:JHHC:29669 3 opportunity of hearing to the petitioner/his representative, to pass an appropriate order in accordance with law within a period of six weeks from the date of receipt/production of a copy of this order. 9. In the meantime, the petitioner, without prejudice to his rights and contentions, shall deposit an amount of Rs.8,00,000/- towards the impugned notice dated 09.09.2026, which would be subject to the outcome of the review application and recalculation of the demand, if any, as per the order to be passed by the respondent No.1. 10. The said amount will be deposited in two equal instalments. The first instalment will be paid by the petitioner on 15.10.2026 and the second instalment by 20.10.2026. 11. The present writ petition is accordingly disposed of with the aforesaid observation and direction. Satish/- (RAJESH SHANKAR, J)