Raj Kishore Prasad, son of late Sukhram Prasad v. State of Jharkhand
2018-02-20
ANUBHA RAWAT CHOUDHARY
body2018
DigiLaw.ai
JUDGMENT : I.A. No. 869 of 2018 Heard Mr. S.K. Uggal, counsel appears on behalf of the petitioner. 2. This I.A. has been filed for substitution of legal heir of deceased petitioner namely Kanti Devi who is the sole petitioner of this case. It is submitted by the counsel for the petitioner that sole petitioner had expired on 28.09.2017, leaving behind her husband namely Raj Kishore Prasad, as her legal heir/representative of successor of her state. 3. Considering the facts and circumstances of this case, I.A. No. 869 of 2018 is allowed and the counsel for the petitioner is directed to incorporate the name of the legal heir of deceased petitioner in red ink in the cause title during the course of the day. W.P.(C). No. 7367 of 2012 This writ petition has been filed by the petitioner for the following reliefs:- (a) For quashing the letter no.1740 dated 5.8.2009 whereby and where under, the petitioner has been communicated that the building plan case no. 757/2005 has been rejected by the Vice Chairman, Ranchi Regional Development Authority, Ranchi for not taking action by the petitioner i.e., for not submitting no objection certificate from the office of Additional Collector, Urban Land Ceiling Ranchi which is totally illegal and unconstitutional on the ground that the plot of the petitioner does not come within the purview of Urban Land Ceiling Act, 1976. (b) For a direction upon the concerned respondents to certify and show cause before this Hon’ble Court as to why no information was provided to the petitioner about the order dated 5.8.2009 that the building plan submitted by the petitioner was rejected by the Vice Chairman, Ranchi Regional Development Authority, Ranchi and further, as to why no information was given to the petitioner that as to whether any requirement in relation to sanction of the building plan is required to be fulfilled by the petitioner. (c) For a direction upon respondent no.3 in the form of a mandamus commanding it to immediately and forthwith sanction the building plan which has been submitted by the petitioner and building plan case no. 757/2005 is pending before the concerned respondent/authority. 2. At this stage, counsel for the respondent Ranchi Regional Development Authority submits that the respondent Ranchi Regional Development Authority has lost its jurisdiction so far as the sanction of map is concerned and the present authority as on date is Ranchi Municipal Corporation.
757/2005 is pending before the concerned respondent/authority. 2. At this stage, counsel for the respondent Ranchi Regional Development Authority submits that the respondent Ranchi Regional Development Authority has lost its jurisdiction so far as the sanction of map is concerned and the present authority as on date is Ranchi Municipal Corporation. 3. Counsel for the petitioner submits that the Building plan being Plan Case No. 757 of 2005 was rejected by the Vice Chairman Regional Rural Development Authority, for not taking action by the petitioner as the petitioner could not submit No Objection Certificate from the office of Additional Collector, Urban Land Ceiling, Ranchi. The counsel for the petitioner further submits that since Urban Land Ceiling Act has already been repealed and therefore there is no requirement of taking No Objection from the office of Additional Collector, Urban Land Ceiling, Ranchi as on date. Accordingly, counsel for the petitioner submits that he would submit fresh application for sanction before the Municipal Commissioner, Ranchi which may be considered in accordance with law. 4. At this, counsel for the respondents has no objection. 5. Accordingly, the writ petition is disposed of with the liberty to the petitioner to file a fresh application for sanction in accordance with law before the Ranchi Municipal Commissioner and upon such application the said authority will consider the application for sanction in accordance with law. 6. The writ petition is disposed of with aforesaid observations.