Jharkhand High Court
Chotanagpur Diocesan Trust ... vs The State Of Jharkhand on 19 October, 2022
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.222 of 2022
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Chotanagpur Diocesan Trust Association, Ranchi. .......... Petitioner.
-Versus-
1. The State of Jharkhand
2. Revenue Secretary, Project Building, H.E.C., Dhurwa, Ranchi.
3. Chief Executive Officer, Ranchi Municipal Corporation, Ranchi.
4. Deputy Commissioner, Ranchi.
5. Administrator, Ranchi Municipal Corporation, Ranchi.
6. Town Planner, Ranchi Municipal Corporation, Ranchi.
7. Circle Officer, Ranchi.
.......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. J. J. Sanga, Advocate For the State : Mr. Dipankar, A.C. to A.G. For RMC : A.C. to Mr. Prashant Kr. Singh, Advocate
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Order No.08 Date: 19.10.2022 The present writ petition has been filed for quashing the part of e-tender reference no.47139714 (Annexure-6 to the writ petition) issued by Ranchi Municipal Corporation, Ranchi (in short 'RMC') so far as the same relates to renovation of Solanki Kalyanpur Basti pond in Ranchi under Ward no.51 of RMC. Further prayer has been made for issuance of direction upon the respondents, restraining them from proceeding further with the e-tender process and making construction and/or renovation of the said pond.
The petitioner has contended in the writ petition that it has lawful right over the said pond situated over the land, appertaining to plot nos.1073 & 1074, Khata no.60, Khewat no.6, Thana no.246 of village Kalyanpur, Solanki, under Ward no.51 of RMC.
A counter affidavit has been filed on behalf of the respondent nos.3, 5 and 6, stating, inter alia, that the petitioner has filed the present writ petition with respect to the pond situated over plot nos.1073 & 1974, Khata no.60 of village Kalyanpur, Ward no.51, but the tender has been floated by the RMC with respect to pond situated over plot nos.297, 300, 301, 302, 305, 306, 307, 308 and 309 of village Kachnar Toli, Ward no.51 of R.M.C. It has further been clarified in the said counter affidavit that the RMC has not floated any tender for the pond situated at plot nos.1073 & 1974, Khata no.60 of village Kalyanpur, Ward no.51.
-2-Considering the said factual stand taken in the counter affidavit filed on behalf of the respondent nos.3, 5 and 6, there is no reason to further proceed in the matter.
The writ petition is, accordingly, disposed of.
The interim order dated 7th February, 2022 stands vacated.
(Rajesh Shankar, J.) Sanjay/