Seema Jain & Anr vs State Of Jharkhand & Ors on 8 December, 2021

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Jharkhand High Court

Seema Jain & Anr vs State Of Jharkhand & Ors on 8 December, 2021

Bench: Rajesh Shankar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               W.P. (C) No.4933 of 2021
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Seema Jain & Anr. .......... Petitioners.

-Versus-

State of Jharkhand & Ors. .......... Respondents.

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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner :        Mr. Rohit Roy, Advocate
For the State        :      Mr. K. K. Singh, S.C.VI
For RMC              :      Mr. Prashant Kumar Singh, Advocate
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Order No.02                                      Date: 08.12.2021

This case is taken up through video conferencing.

The present writ petition has been filed for quashing the order as contained in memo no.143/DMC-I dated 26th November, 2021 (Annexure-7 to the writ petition) passed by the Deputy Municipal Commissioner, Ranchi Municipal Corporation, Ranchi- respondent no.3 in U.C. Case no.224 of 2021, directing deployment of police force and other officials for sealing the premises/building of the petitioner no.1 in which the petitioner no.2 runs a "Maruti True Value" outlet so as to execute the order dated 2nd August, 2021 passed by the said respondent in U.C. Case no.224 of 2021.

Mr. Prashant Kumar Singh, learned counsel, appearing on behalf of the respondent-RMC at the outset submits that the order dated 2nd August, 2021 passed by the respondent no.3 in U.C. Case no.224 of 2021 clearly suggests that the said proceeding was initiated in pursuance of different orders passed by this Court. It is further submitted that W.P. (PIL) No.1463 of 2020 (Khushboo Kataruka Vs. The State of Jharkhand & Ors.) is pending before the learned Division Bench No.I of this Court in which the issue with regard to unauthorized construction made near water bodies in Ranchi district is being considered. It would thus be appropriate to refer this case to the learned Division Bench No.I, which is in seisin of the aforesaid PIL.

Considering the said submission of the learned counsel for the respondent-RMC, let this case be referred to the learned Division Bench No.I, wherein W.P.(PIL) No.1463 of 2020 (Khushboo Kataruka Vs. The State of Jharkhand & Ors.) is pending consideration.

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Keeping in view the urgency involved in the matter, the counsel for the petitioner is at liberty to mention the matter before the learned Division Bench No.I. (Rajesh Shankar, J.) Sanjay/

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