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2008 DIGILAW 1104 (JHR)

Shiv Murat Gupta v. State of Jharkhand

2008-09-10

D.G.R.PATNAIK

body2008
Order Petitioner in this writ application has prayed for issuance of a direction upon the respondents to take appropriate action against the respondent no. 4 restraining her from carrying out the illegal construction on the petitioner's land. 2. From the pleadings of the petitioner, it appears that the petitioner being the owner of the land, had entered into an agreement with the respondent no. 4 who is a developer for making construction over the land. It appears that against the terms of the agreement, the developer is making construction which, according to the petitioner, is in violation of the approved norms of the Notified Area Committee, Jamshedpur. 3. Contention of the petitioner is that despite repeated information, the Notified Area Committee, Jamshedpur has not been taking any action against the illegal construction carried out by the respondent no. 4 and therefore, he has come up with this writ application for a direction to the respondent no. 4 to restrain her from making alleged illegal construction over her land. 4. Heard learned counsel for the petitioner and learned counsel for the State as also the learned counsel for the respondent no. 4. 5. From the pleadings of the petitioner, it appears that dispute between the petitioner and the respondent no. 4 relates to breach of agreement between them. If the respondent no. 4 is found to be making illegal construction which would offend the Rules laid down by the Notified Area Committee, Jamshedpur, it is for the Notified Area Committee to take appropriate action in the matter and this court cannot adjudicate upon the private dispute between the parties. 6. In view of the above facts and circumstances, this writ application is not maintainable, which is accordingly dismissed. The petitioner may inform the Notified Area Committee, Jamshedpur by a fresh representation, as also to the Deputy Commissioner, Jamshedpur, by inviting their attention to the illegal construction, if any, made by the respondent no. 4. Whereupon the Notified Area Committee, Jamshedpur and the Deputy Commissioner, Jamshedpur shall take appropriate action in the matter, if they so deem fit and proper.