Dhiraj Kumar Gupta v. State of Jharkhand through the Chief Secretary
2023-03-29
ANANDA SEN, SANJAYA KUMAR MISHRA
body2023
DigiLaw.ai
ORDER : (Ananda Sen, J.) 1. This intra- Court appeal under Clause 10 of the Letters Patent Appeal is at the instance of the writ petitioners challenging the order dated 14.9.2022 passed in W.P.(C) No. 1274 of 2022, whereby, the learned Single Judge has dismissed the writ petition with certain observation and direction. 2. The writ petitioners are the tenants in respect of shops within the premises of Giridih Municipal Corporation. As the Giridih Municipal Corporation wants to demolish their existing structure and construct a new building, these petitioners were directed to vacate the shop premises. The Giridih Municipal Corporation, by way of alternative arrangement, proposed to rehabilitate the petitioners, but the place, which was selected was not accepted by the petitioners. 3. The learned Single Judge did not interfere with construction of new building of the Giridih Municipal Corporation and directed the writ petitioners to vacate the shops, occupied by them, within fifteen days from the date of this order. Aggrieved by the aforesaid order, the writ petitioners-shopkeepers have approached this Court by way of filing this appeal. 4. During course of argument, counsel on behalf of Giridih Municipal Corporation submits that a fresh location has been selected, where the Corporation will construct shop-rooms to accommodate the petitioners. Counsel for the petitioners admitted the aforesaid fact and submitted that his clients are agreeable to shift their shops to the newly selected place, as the same is suitable for the petitioners. 5. Counsel for the petitioners submits that suffice it would be, if a direction is given to the respondent-Giridih Municipal Corporation to construct shop-rooms as early as possible so that the petitioners can shift their business to the newly constructed shop-rooms and till then they should not be directed to vacate their present shops, from where they are earning their livelihood. 6. Counsel for the Giridih Municipal Corporation does not oppose the aforesaid prayer of the writ petitioners and submits that within three months new shops will be constructed. 7. Considering the aforesaid submissions of the parties, this appeal is disposed of with direction to respondent -Giridih Municipal Corporation to construct shop-rooms for the petitioners at the new location within three months and allot the same to the petitioners. Once the allotment is made, the petitioners will shift, after vacating their respective present shop-rooms.
7. Considering the aforesaid submissions of the parties, this appeal is disposed of with direction to respondent -Giridih Municipal Corporation to construct shop-rooms for the petitioners at the new location within three months and allot the same to the petitioners. Once the allotment is made, the petitioners will shift, after vacating their respective present shop-rooms. Till the new shop-rooms are allotted to the petitioners by the Giridih Municipal Corporation, the petitioners will not be disturbed from their respective present shops, along with the boundary of the office of the Giridih Municipal Corporation. 8. Order dated 14.9.2022 passed in WP(C) No. 1274 of 2022 is modified only to the aforesaid extent. 9. Accordingly, this Letter Patent Appeal is disposed of.