Ranchi Municipal Corporation vs The Creators Through One Of Its ...
2022 Latest Caselaw 977 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          L.P.A. No. 39 of 2022
       Ranchi Municipal Corporation, Ranchi
       through its Municipal Commissioner                             .......Appellant
                                          Versus
       1. The Creators through one of its Partner Rajiv Kakkar       ---    Respondent
       2. The Assistant Municipal Commissioner, Ranchi Municipal
           Corporation, Ranchi
       3. Town Planner, Ranchi Municipal Corporation,
           Kutchery Chowk, Ranchi                              ...Proforma Respondents

        CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
                     Hon'ble Mr. Justice Deepak Roshan
                                             ---

For the Appellant : Mr. Ajit Kumar, Sr. Advocate Mr. Shahshank Shekhar, Advocate For the Respondents : Mr. Rohit Roy, Advocate Mr. Apurwa Pathak, Advocate

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03/10.03.2022 This appeal arises out of common impugned judgment dated 31st January, 2022 passed in W.P.(C) No. 06 of 2020 preferred by the respondent no. 1 herein and W.P (C) No. 157 of 2022 preferred by the appellant herein. Letters Patent Appeal No. 38 of 2022 was preferred by the same appellant, Ranchi Municipal being aggrieved by the same judgment as regards dismissal of their writ petition W.P.(C) No. 157 of 2022. The said appeal has been withdrawn by learned counsel for the appellant on instructions by order dated 8th March, 2022.

For easy reference, the order dated 8th March, 2022 is extracted hereunder:

"We have heard learned counsel for the appellant Ranchi Municipal Corporation, the writ petitioner/respondent No.1 and the Ranchi Regional Development Authority who is only a performa respondent.

2. The appellant is aggrieved by the judgment dated 31st January, 2022 passed by the learned writ court by which the Writ Petition (C) No.157 of 2022 preferred by the Ranchi Municipal Corporation has been dismissed with cost as being frivolous in nature, observing that it was intended to save the RMC from deliberate noncompliance of the interim order passed by the learned tribunal. Learned writ court has however allowed Writ Petition Civil No. 06/2022 instituted by the respondent no.1 and a direction has been issued to the Ranchi Municipal Corporation to comply the interim order dated 16th December 2021 passed by the appellate tribunal RRDA, Ranchi in Miscellaneous Appeal No. 36 of 2021. It has further indicated that it shall be effective till the same is either modified by the appellate tribunal or disposal of the said miscellaneous appeal.

3. However, learned counsel for the appellant after some arguments, on instructions seeks permission to withdraw this appeal and comply the order of the learned writ court.

4. In view of the prayer made on behalf of the appellant, the instant appeal is dismissed as withdrawn. Pending I.As. are closed.

5. It is made clear that the Court has not gone into the merits of the challenge."

Learned senior counsel for the appellant submits that permission may be granted to withdraw this appeal on instructions, however, with liberty to move before learned writ court for review of the impugned order so far as it relates to imposition of cost of Rs. 20,000/- on the appellant. It is open for the appellant to do so, if permissible in law.

The appeal is dismissed as withdrawn. Pending I.As are closed.

(Aparesh Kumar Singh, J)

(Deepak Roshan,J) jk/