Jharkhand High Court
Nakul Singh & Another vs The State Of Jharkhand & Ors on 28 June, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 2643 of 2009
Nakul Singh & Another .... .. ... Petitioners
Versus
The State of Jharkhand & Ors. .. ... ... Respondents
WITH
W.P.(C) No. 5461 of 2009
Pawan Kumar & Others .... .. ... Petitioners
Versus
The State of Jharkhand & Ors. .. ... ... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
.........
For the Petitioners : Mr. Arun Kumar, Advocate [In both cases]
For the respondents-State : Mr. Manish Mishra, G.P.-V [in W.P.(C) no.5461/2009]
For the respondent nos.3-5 : Mr. Shashank Shekhar Prasad, Advocate
[In both cases]
......
09/ 28.06.2022.
Both writ petitions are arising out of common issues, as such, both are being
heard together and disposed of by this common order/judgment.
Both writ petitions have been preferred by the petitioners, namely, Nakul
Singh, Manoj Kumar Agarwal as well as petitioners, namely, Pawan Kumar, Md.
Asgar, Md. Jaffar Ali and Ram Lal Nayak stating that they are running their shops
on the basis of lease granted by respondent no.3 (Executive Officer, Gumla Nagar
Panchayat, Gumla) and that is the only source of the livelihood. On the pretext of
constructive a commercial building, respondent no.3 issued notice, as contained in
Letter No.150 dated 13.02.2009 to vacate the shop.
Learned counsel for the petitioners, Mr. Arun Kumar has submitted that as per
the information and the counter-affidavit filed by respondent- Gumla Nagar
Panchayat till date the map has not been sanctioned, rather it has been submitted,
firstly the map has been sent by the Gumla Nagar Panchayat to the Department of
Urban Development, Government of Jharkhand for sanctioning the same on
12.12.2007, 23.05.2009 and 25.08.2009 and subsequently to the newly constituted
body Jharkhand Urban Development Corporation (JUDCO) on 26.05.2016, but it
is admitted position that till date map has not been sanctioned nor the respondent-
Gumla Nagar Panchayat on its own has got sanctioned the map from the
concerned authority.
Learned counsel for the petitioners, Mr. Arun Kumar has further submitted,
that because of such act of officer(s) of the Gumla Nagar Panchayat, livelihood of
petitioners is going to be disturbed and respondents are not interested in
constructing any house rather they are only interested in displacing persons/
petitioners by allotting the same to other persons by taking a somersault of their
decision that now they do not want to construct a commercial building, as such,
impugned order may be quashed.
Learned counsel for the respondent nos.3 to 5, Mr. Shashank Shekhar Prasad
has submitted that though Gumla Nagar Panchayat is trying their best to get
sanctioned the map, but because of the process, the same could not be sanctioned
till date.
Learned counsel for the respondent nos.3 to 5, Mr. Shashank Shekhar Prasad
has further submitted that till the persons are evicted from the shop premises, it is
very difficult that the sanctioned map can be executed. However, as on today the
map has not been sanctioned by the competent authority.
Learned counsel for the respondent nos.3 to 5, Mr. Shashank Shekhar Prasad
has further submitted, that lease has already expired and they are also not paying
the rent to the Gumla Nagar Panchayat.
Learned counsel for the respondents-State, Mr. Manish Mishra, G.P.-V has
submitted, that if the map is forwarded by the Gumla Nagar Panchayat through the
Urban Development or through the Jharkhand Urban Development Corporation
(JUDCO) as on today, the State will process the same in accordance with law.
Learned counsel for the petitioners, Mr. Arun Kumar has submitted that though
the lease has expired but they are continuing over the same and they are paying the
rent. If the rent has not been paid by these six persons, the same shall be paid by
06.07.2022 along with the arrears as well as current rent.
However, the monthly rent shall be paid by 15 th of each English Calendar
month, failing which the Gumla Nagar Panchayat can take legal action against the
defaulter in accordance with law.
After hearing learned counsel for the parties and on the basis of the materials
available on the record, since the matter is pending before this Court since 2009,
assailing the notice issued by the Gumla Nagar Panchayat to vacate the shop,
though it is admitted position that till date the map has not been sanctioned, the
same is hereby quashed.
The petitioners are present in the Court in-person and they have submitted
that:-
Till date map has not been sanctioned. They have assured this Court that the
moment the map is sanctioned by the competent authority and published to the
reach of common people along with the sanctioned date.
They will vacate the premises on simple notice issued by the respondent-
Gumla Nagar Panchayat with preferential treatment to the petitioners by giving
priority to these six petitioners during allotment, after construction of the
commercial project.
Their candidature may be considered first by giving them preference in
allotment, so that they can be rehabilitated.
However, during intermediary period of construction they are ready to enter
into the agreement with the respondent- Gumla Nagar Panchayat, so that they may
provide them newly constructed shop, which is at a distance of 10 meters from the
present site for an intermediary period to these petitioners for their livelihood, but
certainly that will not create right to the petitioners. The petitioners shall vacate
and will enter into a fresh agreement with the Gumla Nagar Panchayat in
accordance with law.
However, the Gumla Nagar Panchayat is at liberty to issue such notice to the
petitioners after their map is sanctioned and that is placed to the public along with
date of sanction. From the date of sanction/ date of notice as the petitioners have
submitted, that they will vacate within three months and Gumla Nagar Panchayat
shall permit these six petitioners by allotting the newly constructed shop situated
as 10 meters from this land for intermediary period for their livelihood.
Accordingly, this Court honours the undertaking given by the petitioners.
Accordingly, both the instant writ petitions are disposed of.
However, since Gumla Nagar Panchayat has submitted that preference will be
given to these petitioners during the allotment, this Court directs that the rate shall
be fixed by the Gumla Nagar Panchayat and the only priority shall be given in
allottment to the petitioners and in case of mishappening, the legal heirs of
petitioners shall be considered.
I.A. No.5046 of 2021 in W.P.(C) No.2643 of 2009 stands disposed of.
(Kailash Prasad Deo, J.)
R.S.
