Ila rani Sahay, W/o Satish Kumar Sinha v. State of Jharkhand
2019-02-27
B.B.MANGALMURTI, D.N.PATEL
body2019
DigiLaw.ai
ORDER : D.N. PATEL, J. 1. This Letters Patent Appeal has been preferred for demolition of the illegal construction, for which, already an order has been passed by the Municipal Commissioner, Ranchi dated 18th May, 2017 (Annexure-A to I.A. No. 7700 of 2017 in this Letters Patent Appeal). 2. Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that the order, for the execution of which this appellant is in search of, is already under challenge by filing an appeal being Appeal No. is 29 of 2017 before the Appellate Tribunal in Ranchi Regional Development Authority-cum-Ranchi Municipal Corporation. The said Tribunal is now functional. 3. We, therefore, direct the aforesaid Tribunal to decide the appeal preferred by respondent no.3 being Appeal No.29 of 2017 as early as possible and practicable, preferably within a period of six months from the date of receipt of a copy of the order of this Court. The decision will be taken by the Tribunal without being influenced by the order passed by this Court in W.P. (C) No.7197 of 2013 dated 21st January, 2016. The decision will be taken by the Tribunal on its own merit, in accordance with law and on the basis of the evidences available on record. 4. With the aforesaid observations, this Letters Patent Appeal is, hereby, disposed of. 5. I.A. No. 7700 of 2017 is also disposed of, in view of final order passed in the Letters Patent Appeal.