JUDGMENT : This intra-court appeal is under Clause-10 of the Letters Patent directed against the order dated 17.09.2018 passed in W.P.(C) No.1159 of 2015, whereby and where under the writ Court has dismissed the writ petition with a direction to remove the illegal construction over the property themselves as per the order dated 13.03.2015, failing which, it will be open for the respondents to take steps for its removal/demolition. 2. The brief facts of the case require to be enumerated hereunder as:- On the basis of a written complaint dated 01.11.2004 made by one Gautam Kumar Roy, respondent no.5 herein, alleging therein that the appellants-writ petitioners had illegally encroached upon the lands belonging to the complainant and forcibly constructed one room, one cow shed and one gate. On the basis of the said complaint, an unauthorized case was registered being U.C. Case No.137/2004 against the appellants-writ petitioners by the Ranchi Regional Development Authority, Ranchi, in which the notices were issued upon the appellants on 20.12.2004, in pursuant to which, the appellants-writ petitioners have filed reply to their show cause on 12.02.2005 denying the allegations levelled against them by the complainant. The Ranchi Regional Development Authority, Ranchi has directed for an inquiry to look into the veracity of the allegations made in the complaint by the Junior Engineer to submit a report in this regard, who had conducted an inspection and submitted report but the Vice Chairman, Ranchi Regional Development Authority, Ranchi did not satisfy with the inquiry report and constituted a three member Committee to make a spot inquiry of the plot in question, basis upon which, the Committee has visited the spot and submitted a report. The Vice Chairman, Ranchi Regional Development Authority, Ranchi passed an order dated 14.06.2006 in U.C. Case No.137/2004 ordering for demolition of the complete residential house of the appellants-writ petitioners within 30 days from the date of the order. The appellants being aggrieved with the order dated 14.06.2006 had filed an appeal before the Appellate Tribunal, Ranchi Regional Development Authority, Ranchi which was registered as Misc. Appeal No.15/2006, was disposed of vide order dated 20.03.2007 by modifying the order dated 14.06.2006 ordering for demolition of one asbestos roofed building and another R.C.C. roofed building. The appellants being aggrieved with the order dated 14.06.2006 had filed an appeal before the Appellate Tribunal, Ranchi Regional Development Authority, Ranchi which was registered as Misc. Appeal No.15/2006, was disposed of vide order dated 20.03.2007 by modifying the order dated 14.06.2006 ordering for demolition of one asbestos roofed building and another R.C.C. roofed building. The appellants have filed the writ petition before this Court being W.P.(C) No.2184 of 2007 against the order dated 14.06.2004 passed by the Vice Chairman, Ranchi Regional Development Authority, Ranchi in U.C. Case No.137/2004 as also for quashing the order dated 20.03.2007 passed by the Appellate Tribunal, Ranchi Regional Development Authority, Ranchi in Misc. Appeal No.15/2006 which was dismissed vide order dated 10.09.2009 by giving liberty to the Ranchi Regional Development Authority, Ranchi to take appropriate action pursuant to the order passed by the authorities. The appellants being aggrieved with the judgment/order passed in W.P.(C) No.2184 of 2007 dated 10.09.2009 had preferred a letters patent appeal being L.P.A.No.448 of 2009 but the same was also dismissed vide order dated 09.10.2009 with a direction/observation that the old construction which is in existence for the last so many years shall not be demolished. According to the appellants, no new construction has been made after 09.10.2009 over the plot in question. The Ranchi Municipal Corporation having conferred with the power to deal with the issue of sanction of map which was earlier vested by the Ranchi Regional Development Authority, Ranchi, has issued notices on 13.03.2015 to the appellants directing the appellants to demolish the illegal construction within ten days, against which, the writ petition has been filed being W.P.(C) No.1159 of 2015, which was dismissed vide order dated 17.09.2018 by granting time to the appellants till 30.11.2018 to remove the illegal construction over the property themselves, which is the subject matter of the present intra-court appeal. 3. It is evident from the record that on being called upon by this Court, respondent no.5 has put his appearance. 4. Ms. Ritu Kumar, learned counsel appearing for the appellants-writ petitioners has submitted that no illegal construction after the order dated 09.10.2009 is there and as such, the notice which has been issued by the Ranchi Municipal Corporation dated 13.03.2015, is not sustainable and further submission has been made that this aspect of the matter has not been considered by the learned Single Judge in right perspective. 5. Mr. 5. Mr. Laxmi Kant Choudhary, learned counsel representing the respondent no.5 has submitted by referring to the order passed by the Ranchi Regional Development Authority, Ranchi, wherein, the direction has been passed for demolition after taking into consideration the report about the unauthorized construction made by the writ petitioners which has been declined to be interfered with by granting liberty to the Ranchi Regional Development Authority to take appropriate action which has been affirmed by the Division Bench of this Court passed in L.P.A.No.448 of 2009 but as yet, no action has been taken by the Ranchi Municipal Corporation in pursuant to the order passed by the authority in U.C. Case No.137/2004, even though, the same has been affirmed by this Court up to Division Bench in an order passed in L.P.A.No.448 of 2009. He further submits by referring to the report submitted by the Ranchi Municipal Corporation dated 24.06.2019, wherein the fact about unauthorized construction has been reiterated as was found by the Ranchi Regional Development Authority while making inquiry in connection with U.C. Case No.137/2004 and as such, submission has been made to pass appropriate order for demolition of the part of the building in order to comply with the decision taken in U.C. Case No.137/2004 by the authority concerned. 6. Mr. L.C.N. Shahdeo, learned counsel appearing for the Respondent-Ranchi Municipal Corporation has submitted that there is no difficulty on their part in taking such action and such action would be taken without any delay. 7. This Court after having heard the learned counsel for the parties and after going across the finding of the learned Single Judge has found from the material available on record the some undisputed fact to the effect that on the basis of the complaint, an unauthorized case was instituted by the Ranchi Regional Development Authority, Ranchi being U.C. Case No.137/2004 being the competent authority to deal with the development plan of the district having been constructed by the writ petitioners-appellants. On the basis of the said complaint made by the respondent no.5, inquiry was conducted by the three member Committee, in which the allegations levelled in the said complaint has been found to be true and accordingly, the order has been passed to demolish the construction made without sanction of the map. On the basis of the said complaint made by the respondent no.5, inquiry was conducted by the three member Committee, in which the allegations levelled in the said complaint has been found to be true and accordingly, the order has been passed to demolish the construction made without sanction of the map. The aforesaid order passed by the Ranchi Regional Development Authority has been challenged by the writ petitioners before this Court in W.P.(C) No.2184 of 2007 assailing the order passed by the Ranchi Regional Development Authority dated 28.08.2009 but the same has been declined to be interfered with by the learned Single Judge of this Court by dismissing the writ petition vide order dated 10.09.2009 against which, letters patent appeal being L.P.A.No.448 of 2009 was filed, which has also been dismissed vide order dated 09.10.2009. 8. After the 74th Amendment of the Constitution of India, the power conferred upon the Ranchi Regional Development Authority, Ranchi has been conferred upon the Ranchi Municipal Corporation. The Ranchi Municipal Corporation on the basis of the aforesaid authority has issued notice on 13.03.2015, whereby and where under the writ petitioners were directed to demolish the part of the unauthorized construction as per the order passed in U.C. Case No.137/2004 which has been affirmed up to the Division Bench of this Court in L.P.A.No.448 of 2009. The writ petitioners have assailed the aforesaid order before this Court by filing the writ petition being W.P.(C) No.1159 of 2015 which has also been dismissed with a direction upon the writ petitioners to demolish the unauthorized construction. 9. This Court, therefore, is of the view on the basis of the aforesaid admitted fact that the fact about unauthorized construction is not in dispute. It is also not in dispute that the decision of the authority in U.C. Case No.137/2004, has attained its finality by the Division of this Court. If in such circumstances, the Ranchi Municipal Corporation has issued notice upon the writ petitioners for demolition of the unauthorized construction made over the plot in question, can it be said to be improper? It is also not in dispute that the decision of the authority in U.C. Case No.137/2004, has attained its finality by the Division of this Court. If in such circumstances, the Ranchi Municipal Corporation has issued notice upon the writ petitioners for demolition of the unauthorized construction made over the plot in question, can it be said to be improper? The answer of this Court would be, it cannot be said to be improper because the decision of the competent authority taken in U.C. Case No.137/2004 has been affirmed by the Division Bench of this Court and as has been informed to this Court that against the order passed in L.P.A.No.448 of 2009, no appeal has been preferred before the Hon’ble Apex Court, therefore, the order of the authority having attained its finality, it has to be obeyed in its letter and spirit and on the basis of this fact if a notice has been issued by the Ranchi Municipal Corporation on 13.03.2015 and the learned Single Judge of this Court has declined to interfere with it, it cannot be said that any illegality has been committed by the learned Single Judge. 10. This Court in course of the hearing of the instant appeal has also considered the fact about unauthorized construction which according to the learned counsel for the appellants-writ petitioners has been disputed by submitting that he is ready to demolish the unauthorized construction which has been said to be unauthorized but apart from the aforesaid construction, other constructions are also there which directed to be demolished, it will be said to be deviation from the order passed by the authority in U.C. Case No.137/2004. 11. This Court on the basis of the aforesaid factual aspect has appointed the Executive Engineer, Ranchi Municipal Corporation as a Special Officer for conducting inspection with respect to the old portion and the new authorized portion as would be evident from the order dated 01.04.2019 and in pursuant thereto, the concerned Officer has submitted a report which has been brought on record by way of counter affidavit filed on behalf of the Ranchi Municipal Corporation dated 01.08.2019 (Flag-D) enclosing therein report dated 24.06.2019. This Court has gone through the aforesaid report and has found there from that the Officer, who has conducted inquiry, has found two Khaprail houses (old), in addition to two Khaprail Houses, the house having structure with the Asbestos roof and other house with the R.C.C. roof along with toilet in the southern part of the plot apart from that, a new building is also being constructed. 12. It is evident from the report dated 24.06.2019 and if compared with the same with the order passed by the authority in U.C. Case No.137/2004 as also description of the unauthorized construction and description of both old and new house, as would transpire from the order passed by this Court in W.P.(C) No.2184 of 2009, it would be evident that two buildings structure including the house structure with Asbestos roof and other with R.C.C. roof has been found to be new construction and before raising the same, the writ petitioners did not obtain prior permission from the Officer of the R.R.D.A. nor obtain the approval of the proposed building plan. Thus, so far as the description of old and new construction as pointed out in the report dated 24.06.2019 and compared with the details of construction with the order passed by the authority in U.C. Case No.137/2004 and the order passed by the learned Single Judge in the said writ petition, there is no discrepancy. 13. This Court on the basis of the aforesaid factual admitted fact, is of the view that the fact about unauthorized construction has been found to be proved by the authority and the said order has been declined to be interfered with by this Court up to the intra-court appeal stage and thereafter, no appeal against the aforesaid order has been filed before the Hon’ble Apex Court and once the decision about the unauthorized construction has been taken by the competent authority, which has attained its finality, it is incumbent upon the authority now the Ranchi Municipal Corporation to take immediate steps for demolition of unauthorized construction and if for that reason the notice dated 13.03.2015 has been issued, it cannot be said that any infirmity has been committed by the authority. 14. 14. The learned Single Judge after taking into consideration the aforesaid factual aspect has declined to interfere with notice dated 13.03.2015 which according to us based upon the detailed discussion made hereinabove, cannot be said to suffer from any infirmity. 15. At this juncture, Ms. Ritu Kumar, learned counsel for the appellants has made a prayer that the Ranchi Municipal Corporation may be directed to take steps for demolition but no cost be recovered from the appellants-writ petitioners. 16. This Court after taking into consideration the aforesaid submission as also considering the order passed by the learned Single Judge, wherein also the time was granted to the writ petitioners for removal of the illegal construction over the property and in case of failure, it has been left open upon the respondents to take steps for its removal/demolition, therefore, this Court, is of the view that one month time is being allowed to the appellants-writ petitioners to remove the unauthorized construction from the date of receipt of copy of this order. 17. It is made clear that in case of failure in complying with the aforesaid direction about removal of illegal construction within the period of one month, it will be open for the respondents-Ranchi Municipal Corporation to take steps for its removal/demolition and in that situation the cost incurred in demolition shall be recovered from the appellants-writ petitioners. 18. Accordingly, this appeal is dismissed, however, with the aforesaid observations and directions. 19. In consequence thereof, I.A.No.10723 of 2018 stands disposed of.