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2025 DIGILAW 21 (JHR)

Kutchery Market Dukandar Sangh v. State of Jharkhand

2025-01-03

RAJESH SHANKAR

body2025
ORDER : RAJESH SHANKAR, J. The present contempt case has been filed for initiation of contempt proceeding as against the opposite party nos. 2 and 3 alleging wilful violation of order dated 18.11.2019 passed in W.P.(C) No. 1091 of 2014. 2. Pursuant to order dated 29.11.2024, the opposite party no. 3.- Mr. Sandeep Singh- the Municipal Commissioner, Ranchi Municipal Corporation, Ranchi is physically present before this Court. 3. Though the opposite party no. 2 is not present before this Court, however Mr. Neil Abhijit Toppo, learned A.C. to G.A.-V appearing on his behalf, submits that so far as the said opposite party is concerned, he has complied the order dated 18.11.2019 passed in W.P.(C) No. 1091 of 2014 on his part. 4. Learned A.C. to G.A.- V refers to paragraph nos. 5, 6 and 7 of the supplementary show cause affidavit dated 21.12.2024 filed on behalf of the opposite party no. 2, which read as under: “ 5. That it is most humbly stated and submitted that in furtherance of letter no. 320 dated 20 th September, 2024 of the opposite party no. 3, a suitable land for rehabilitation of the displaced persons from Kutchery Market has been identified. The details of the land so identified is as under: Anchal Mauza Thana Khata Plot Area Nature ofland Bargain Morabadi 192 156 910 0.60acre GairmazuruaMalik, PartiKadim 6. That is necessary to state that vide letter no. 5324 (ii) dated 20.12.2024, the office of opposite party no. 3 (Ranchi Municipal Corporation) has been informed regarding the identification of the land for rehabilitation of displaced persons from Kutchery Market and he has been requested to do the needful and necessary Copy of letter no. 5324(ii) dated 20.12.2024 has been annexed as Annexure-A to the said supplementary show cause affidavit. 7. That it is most humbly stated and submitted that it is clear from the above that the answering opposite party has taken up the matter of rehabilitation of the members of the petitioner association as a special case and is making all possible endeavor to rehabilitate them at some suitable place, subject to strict scrutiny of their identity as the displaced person of Kutchery Market, as such it is most humbly stated and submitted that there is no willful disobedience on his part. 5. Mr. Prashant Kumar Singh, learned counsel appearing on behalf of the opposite party no. 5. Mr. Prashant Kumar Singh, learned counsel appearing on behalf of the opposite party no. 3 also refers to paragraph nos. 7, 8 and 9 of the supplementary show cause affidavit dated 03.01.2025 filed on behalf of the said opposite party, which read as under: “ 7. That it is humbly stated that pursuant to the letter of the opposite party no. 3 (Ranchi Municipal Corporation) being letter no. 320 dated 20.09.2024 requesting the opposite party no. 2 (Deputy Commissioner, Ranchi) to identify 60 decimals of land for rehabilitation of Kutchery Market Dukandar Sangh, Deputy Commissioner, Ranchi has vide letter no. 5324 (ii) dated 20.12.2024 identified 60 decimals of Gair-Majaruwa land at Village Morabadi, Thana no. 192 Khata No. 156, plot no. 910. 8. That the answering opposite party no. 3 vide letter no. 1132/DAY-NULM dated 21.12.2024 has requested the Urban Development & Housing Department for approving requisition for inter-departmental transfer of the above identified land. 9. That the answering opposite party no. 3 has started the process for the preparation of an estimate for construction of a market for the petitioners at the identified land.” 6. It is thus submitted by learned counsel for the opposite party no. 3 that the aforesaid order of this Court has substantially been complied. 7. Having heard learned counsel for the parties and considering the aforesaid supplementary show cause affidavits filed on behalf of the opposite party nos. 2 and 3 respectively, this Court is of the view that the said opposite parties have substantially complied the order dated 18.11.2019 passed in W.P.(C) No. 1091 of 2014. Hence, there is no need to further proceed in the present contempt matter. 8. The contempt proceeding as against the opposite party nos. 2 and 3 is hereby dropped. 9. It is however observed that if the members of the petitioner are not rehabilitated at the identified place within a reasonable time, the petitioner will be at liberty to prefer a fresh contempt petition in this regard. 10. The present contempt petition stands disposed of with aforesaid liberty and observation.