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Jharkhand High Court

Dhananjay P. Raipat vs Ranchi Municipal Corporation & Ors on 24 March, 2026

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Deepak Roshan

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   L.P.A. No. 618 of 2023
                                ----

Dhananjay P. Raipat... ... Appellant Versus Ranchi Municipal Corporation & Ors.

                                       ...       Respondents
                             with
              Cont. Case(C) No. 1097 of 2025
                                ----
Gourav Kumar Besra...                  ...     Petitioner
                             Versus
State of Jharkhand & Ors             ... ...   Respondents
                              -------

CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE DEEPAK ROSHAN

------

For the Appellant : Mr. A.K. Das, Advocate For the Petitioner : Mrs. Sonam, Advocate For the RMC : Mr. L.C.N. Sahdeo, Advocate Mr. Yash, Advocate Mr. S. Bhownujm Advocate Ms. Neha Pandey, Advocate For the State : Mr. Ashutosh Anand, AAG III Mr. Sahbaj Akhtar, AC to AAG III

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th Order No. 41 : Dated 24 March, 2026

1. Learned counsel for the petitioner has sought for

permission to file supplementary affidavit in the Court.

2. Permission, as sought for, is granted.

3. Let the same be taken on record.

4. It needs to refer herein that the Co-ordinate Bench of

this Court has passed order on 22.07.2025 in W.P.(C)

No.5345 of 2022 wherein undertaking furnished by the

Administrator, Ranchi Municipal Corporation has been

taken note of.

5. For ready reference, relevant pat of order dated

22.07.2025 passed in W.P.C No. 5345 of 2022 by a

Co-ordinate Bench of this Court, is quoted as under:

"13. It has further been stated by the Administrator, R.M.C., Ranchi that due orders will be issued so far as taking services of the Town Planner and In-charge Legal Section are concerned within a day or two.

14. Considering the said undertaking, this Court is of the view that let necessary order be passed so that the issue of sanction of map be expedited and the people who have taken loan on the high interest rate may not suffer due to non-sanction of map.

15. The Administrator, Ranchi Municipal Corporation has undertaken before this Court that due orders will be issued so far as taking services of the Town Planner and In-charge Legal Section are concerned within a day or two.

16. In view of the aforesaid undertaking, we are granting a week's time from today to come out with the order in this regard.

17. Let such notification, as per the undertaking furnished by the Administrator of the Ranchi Municipal Corporation, be issued within a week.

18. The affidavit be filed showing the decision, so taken, as has been referred herein above.

6. Thereafter, a detailed order has been passed by this

Court on 12.12.2025 restraining the Town Planners from

discharging their duties as Town Planners due to lack of

eligibility/experience as per rule/relevant provision of the

Jharkhand Municipal Act, 2011 with a direction to

repatriate their services to the State Government.

7. When the matter was taken up on 3rd February, 2026,

learned counsel for the State has submitted that one S.L.P.

bearing Diary No. 4917 of 2026 registered on 23.01.2026

has been preferred assailing order dated 12.12.2025

passed in LPA No. 618 of 2023 with Cont. Case (Civil) No.

1097 of 2025 and on this ground sought for adjournment

of the matter.

8. Thereafter, when the matter was taken up on 27th

February, 2026, learned counsel for the State produced

copy of order dated 10.02.2026 passed by Hon'ble Apex

Court in S.L.P.(C) No. 4965 of 2026 and submitted that

order dated 12.12.2025 passed in LPA No. 618 of 2023

with Cont. Case (Civil) No. 1097 of 2025 has been stayed.

9. On perusal of the same, it is evident that two-fold

direction has been passed i.e., order dated 12.12.2025

passed in LPA No. 618 of 2023 with Cont. Case (Civil) No.

1097 of 2025 has been kept in abeyance and secondly, this

court has been requested to proceed with the main matter.

For ready reference order dated 19.02.2026 passed in

S.L.P.(C) No. 4965 of 2026 is quoted as under:

"The applications for exemption from filing c/c of the impugned judgment, and for exemption from filing the official translation are allowed.

Issue notice returnable on 07.04.2026. Learned counsel appearing for the respondent No.1 enters appearance and accepts notice.

Let the counter affidavit be filed within a period of two weeks. Rejoinder affidavit, if any, to be filed within a period of two weeks, thereafter.

In the meantime, there shall be a stay on the operation of the impugned interim order.

In the meantime, we request the High Court to proceed with the main matter."

10. The learned counsel for the State has sought for

adjournment of the matter for few cases to have instruction

with respect to the issue of clarification regarding the

matter to be proceeded with the main matter as passed in

the order passed by the Hon'ble Apex Court.

11. Learned counsel for the State, on instruction from the

department and the Advocate on record, who is pursuing

the matter of S.L.P.(C) No. 4965 of 2026, has submitted

that for the purpose of clarification, the motion has been

made before the Hon'ble Apex Court and it has been

informed that the order impugned before the Hon'ble Apex

Court, subject matter of S.L.P.(C) No. 4965 of 2026 was

order dated 12.12.2025 passed in LPA No. 618 of 2023

with Cont. Case (Civil) No. 1097 of 2025 has only been

stayed and all previous orders passed in these proceedings

are in operation.

12. Thereafter, when the matter was taken up on 10th

March, 2026, the learned Advocate General has placed

communication dated 19.02.2026 and has submitted that

he has got written instruction from the Advocate-on-Record

in the S.L.P. (C) No. 4965 of 2026, as such, he has sought

for time to file affidavit as per the order dated 27.02.2026

and at the request of learned Advocate General, the matter

was directed to be listed on 17.03.2026. For ready

reference, order dated 10.03.2026 is quoted as under:

"1.Learned Advocate General has placed communication dated 19.02.2026 and has submitted that he has got written instructions from the Advocate on Record who is on record in

the S.L.P. (C) No. 4965 of 2026, as such, he has sought for time for today to file affidavit as per the order dated 27.02.2026.

2. As prayed for by him, let this matter be listed on 17.03.2026.

3. Let the communication dated 19.02.2026 be taken on record."

13. Pursuant thereto show cause has been filed annexing

therewith, the certificate of the concerned learned

Advocate-on-Record (AoR). For ready reference, the

certificate dated 19.02.2026 issued by the Advocate-on-

Record (AoR) is reproduced as under:

PALLAVI LANGAR

Advocate-on-Record

SUPREME COURT OF INDIA

Ch. No. 431, Block-D, 4th Floor, Lawyers Chamber Block, Addl. Building Complex, Supreme Court of India, New Delhi-110001 ______________________________________________________________ 19.02.2026 To The Principal Secretary Urban Development Department Ranchi, Jharkhand, Govt. of Jharkhand

The State of Jharkhand Vs. Gourav Kumar Besra & Anr.

Dear Sir, This is to record and inform that by the order dated 10.02.2026, passed by the Hon'ble Supreme Court inter alia issuing notice and granting stay of the operation of the impugned interim order passed by the High Court of Jharkhand dated 12.12.2025 in Contempt Case No. 1097 of 2025.

In view of the fact that the matter was taken up by the Hon'ble High Court of Jharkhand and the oral instructions to the undersigned from the Department, an unlisted mentioning was made by Mr. Rajiv Shankar Dwivedi, Standing Counsel, State of Jharkhand, of the captioned matter before the bench comprising of Hon'ble Mr. Justice MM Sundresh, on 19.02.2026 before the bench arose. That the office of the undersigned informed telephonically the Advocate-on-Record for

the Respondent No. 1 (Mr. Sameer Shrivastava, Μ: 8010157794) about the unlisted mentioning.

On the matter being orally mentioned seeking clarification, the Hon'ble Supreme Court opined that it had directed a stay on the operation of the impugned interim order dated 12.12.2025.

This is for your information and record.

Thanking you.

Your Sincerely Pallavi Langar Advocate for the Petitioner"

14. Thereafter, the matter was taken up on 17.03.2026.

Time, was sought for on behalf of State, on the ground that

affidavit is ready and the same shall be filed in course of

day. Accordingly, the matter was adjourned to be listed on

24.03.2026.

15. The matter has been listed today.

16. Today, the petitioner has filed one supplementary

affidavit.

17. Today, Mrs. Sonam, learned counsel appearing in

Cont. Case (Civil) No. 618 of 2023 and Mr. A.K. Das,

learned counsel for the appellant in LPA No. 618 of 2023,

have jointly submitted that since order dated 12.12.2025

has only been kept in abeyance, the undertaking which

has been furnished by the Administrator, Ranchi

Municipal Corporation as reflected in order dated

22.07.2025 in W.P.(C) No. 5345 of 2022, as quoted and

referred above, has been disobeyed and, as such, the

matter needs to be proceeded in terms of the order passed

by Hon'ble Apex Court in S.L.P.(C) No. 4965 of 2026,

wherein the direction has been given to the High Court to

proceed with the main matter.

18. At this juncture, learned counsel appearing in Cont.

Case (Civil) No. 618 of 2023 has submitted by referring to

the supplementary affidavit filed by the petitioner today,

highlighting the fact that two-fold undertakings have been

furnished by the Administrator, Ranchi Municipal

Corporation as reflected in order dated 22.07.2025 passed

by the Co-ordinate Bench of this Court in W.P.(C) No. 5345

of 2022.

19. It has been submitted that the first undertaking was

furnished on the basis of submission advanced on behalf of

learned State counsel that till the State is coming out with

the Statutory Rule of recruitment for fulfilling the post of

Law Officer in the Ranchi Municipal Corporation, the

earlier arrangement which was going on will be continued.

The Administrator, Ranchi Municipal Corporation has

furnished undertaking that till the making out of the rule

the earlier law officer will be allowed to function.

20. The second undertaking is with respect to the work to

be taken from the Assistant Town Planners, who have been

appointed.

21. However, since the learned counsel for the petitioner

by filing supplementary affidavit today has raised the issue

of transfer of concerned Law Officer, as such at this

moment, this Court is proceeding on the issue relates to

the transfer of the concerned Law officer.

22. It is made clear that so far as the issue pertaining to

undertaking furnished by the Administrator, Ranchi

Municipal Corporation, as referred in order dated

22.07.2025 passed in W.P.(C) No. 5345 of 2022, with

respect to Assistant Town Planner (ATPs)/Town Planner,

the same will be considered later on.

23. The fact about transfer of the law officer has been

brought to the notice of this Court vide Annexure as

appended as Annexure 10 to the supplementary affidavit.

We, after going through the same, have found that the

officer concerned who has been allowed to work as law

officer has been transferred to the Urban Local Body at

Koderma, vide order dated 05.01.2026 issued by the

Administrator, Ranchi Municipal Corporation in the light of

order no. 143 dated 09.12.2025 issued by the Directorate

of Urban Administration.

24. This Court has posed a question to that effect to Mr.

L.C.N. Sahdeo, learned counsel appearing for the Ranchi

Municipal Corporation, who has submitted that the

Administrator, Ranchi Municipal Corporation has only

executed the direction passed by the Directorate

concerned, as would be evident from office order dated

05.01.2026 passed by the Administrator, Ranchi Municipal

Corporation, wherein the reference of order no. 143 dated

09.12.2025 issued by the Directorate of Urban

Administration has been made.

25. This Court thereafter has posed a question to the

learned State counsel, who is being represented by Mr.

Ashutosh Anand, learned AAG III, that why even after

furnishing undertaking, the order no. 143 dated

09.12.2025 has been issued by the Directorate of Urban

Administration, that too without taking into consideration

the undertaking which has been furnished before the

Court to the effect that till the State comes out with the

Rules for making recruitment of the law officers, the

individual concerned will work as a law officer, but the

same has been violated that too at the dictate of the

Director of the concerned department.

26. The learned State counsel has sought for time to have

oral instruction from the concerned Directorate.

27. On the request of learned State counsel, the matter

was adjourned for few cases.

28. Again the case has been taken up and this time it has

been submitted that the Director of the concerned

department has taken a decision as contained in order no.

143 dated 09.12.2025.

29. This Court considered the said decision of the

Director coming in the way of undertaking furnished by the

Administrator, Ranchi Municipal Corporation and more

particularly in absence of any rule having been framed by

the State for the purpose of making recruitment of Law

Officers in the Ranchi Municipal Corporation how such

order has been issued.

30. The fact herein is that the officer who has been asked

to discharge duty as a law officer by issuance of an order to

that effect, based upon the undertaking furnished by the

Administrator, Ranchi Municipal Corporation, which was

on the pretext that there is no regular appointees to work

as a law officer in absence of any rule, which is to be

framed by the State. Therefore, the transfer of the

concerned Officer as a law officer to other district is

contrary to such undertaking.

31. This Court considering the aforesaid facts intends to

look into and peruse the entire original record with respect

to transfer of concerned Law Officer by the Directorate of

the concerned Department before passing further order.

32. Let the original file be placed by the Director, Urban

Development Department, Govt. of Jharkhand on record at

3.30 p.m. today itself.

(Sujit Narayan Prasad, J.)

(Deepak Roshan, J.)

- 10 -

Later On 24.03.2026

33. In pursuance to the order passed by this Court in the

pre-lunch session, the records from the Urban

Development Department, which has been produced by

Ms. Anshu Kumari, at present posted as Assistant

Director, Town Administration Department, Govt. of

Jharkhand, has been received.