Jharkhand High Court
Dhananjay P. Raipat vs Ranchi Municipal Corporation on 19 August, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No.618 of 2023
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Dhananjay P. Raipat ... ... Appellant
Versus
Ranchi Municipal Corporation
through its Chief Executive Officer & Ors. ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Appellant : Mr. A.K.Das, Advocate
For the RMC : Mr. L.C.N. Shahdeo, Advocate
For the Resp.Nos. 4 to 8 : Mr. Ashish Verma, Advocate;
Mr. Manoj Kumar Jha, Advocate
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th
Order No.23/Dated: 19 August, 2025
1. The present Letters Patent Appeal is directed against the judgment
dated 23.8.2023 passed by the learned Single Judge of this Court in
W.P.(C)No.3742 of 2022,whereby and whereunder, the learned Single
has refused to interfere with the order passed by the appellate
authority in connection with U.C. Case No. 163 of 2015 by giving a
finding that the construction has been found to be unauthorized and
also in violation of the map which was sanctioned by the sanctioning
authority.
2. Mr. A.K.Das, the learned counsel appearing for the appellant has
submitted that to deal with such deviation the provision has been
inserted in the applicable Bye-Laws, by giving an opportunity to the
occupier/owner of the construction to make an application for
condonation of such deviation.
3. The learned counsel for the appellant has further submitted that the
said application invoking the jurisdiction conferred to the sanctioning
authority under the Bye-Laws has been filed on 22nd July, 2016 but
the same has not been decided as yet, i.e., almost over eight years the
same is kept pending without any reason. It has also been submitted
that the appellant is facing hardship and suffering with the
predicament that on any date the authority from the corporation may
come for demolishing the said construction but without taking care of
the said predicament, the sanctioning authority has kept the said
application pending since 22nd July, 2016.
4. Mr. L.C.N.Shahdeo, the learned counsel appearing for the Corporation
is, therefore, directed to seek instruction that what is the reason in not
deciding the said application and keeping it pending for years
together, i.e., for the period of more than eight years and file an
affidavit stating that who is/are the person(s) responsible for not
deciding the said application as yet. The order(s) drawn from the date
of filing of such application be appended with the said affidavit.
5. Mr. A.K.Das, the learned counsel for the appellant in course of
argument has submitted that this Court has already passed an order
directing to assign duty to the Town Planners who have been
appointed and said to be recruited in the Ranchi Municipal
Corporation but still no work has been assigned to them and the work
is being taken by the Engineers who have come on deputation in the
Ranchi Municipal Corporation, the reason best known to the
administrator of the Ranchi Municipal Corporation.
6. Let the said aspect of the matter be also stated in the affidavit as to for
what reason no work has been assigned to the Town Planners who
have been appointed in the Ranchi Municipal Corporation rather the
duty is being taken from the Engineers of the different departments.
7. Let this matter be posted on 22nd August, 2025 at 2:15 p.m.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
KNR/
