IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.C. No. 6221 of 2010
Banwari Lal Agrawal................ Petitioner
Versus
State of Jharkhand & Ors............. Respondents.
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Coram: Hon'ble Mr. Justice R.K.Merathia
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For the Petitioner : Mr. A.K.Sahani, Advocate
For the Respondents : JC to GA
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2/03.02.2011
Mr. Sahani, learned counsel appearing for the petitioner
submitted that Chas Municipality is going to construct market on the PWD
Road. He further submitted that though the encroachments were removed
for free flow of traffic but then the Chas Municipality is intending to
construct market on the PWD Road for which permission was sought from
the Executive Engineer, Road Division, PWD, Chas, Bokaro but the said
permission was refused by memo no. 1139 dated 22/11/2010, (Annexure7,
7/1), but in spite thereof Chas Municipality is going to construct the market
on the road. He further submitted that the Municipality cannot construct
market in front of the house of the petitioner also. He further submitted
that the representation was made to the Deputy Commissioner, but the
petitioner has not received any order passed by him.
Mr. Sarvender Kumar, learned counsel for the State submits
that in absence of the instructions/counter affidavit, he is not in a position
to accept or controvert the statements made in the writ petition.
In the circumstances, I am inclined to remit the matter back to
the Deputy Commissioner, Bokaro, and, therefore, this writ petition is being
disposed of in absence of Chas Municipality.
The petitioner is permitted to make a fresh representation
before the Deputy Commissioner, Bokaro (Respondent No. 2), who will pass
a reasoned order on the same after giving opportunity of hearing to the
petitioner as well as Chas Municipality and PWD Road Division, Bokaro, in
accordance with law as early as possible and preferably within four weeks
from the date of receipt of such representation.
It is made clear that this Court has not gone into the merits of
the cases of the respective parties.
With these observations and directions, this writ petition
stands disposed of.
(R.K.Merathia, J)
Mukund/