Rohit Modi And Others vs State Of Jharkhand And Others

Gautam Kumar Choudhary, J

Instant writ petition has been filed for direction seeking quashing of order dated 04.04.2012 contained in letter no.757 in Encroachment Case No.140/2007, whereby and whereunder Arun Modi and others were directed to demolish the building and to deposit Rupees One Lakh by way of fine as the said building was constructed without any sanctioned plan.

Learned counsel on behalf of petitioner submits that order has been passed against a dead person namely Arun Modi, who died on 22.06.2008, about four years before passing of the impugned order. Photocopy of the death certificate issued by The Kolkata Municipal Corporation, has been filed by way of reply to the counter affidavit dated 10.07.2012 in support of contention.

Learned counsel on behalf of respondent no.3 submits that the petitioner has efficacious statutory remedy under Section 442 of the Jharkhand Municipal Act of preferring appeal against the impugned order before Municipal Building Tribunal which has been made functional by notification dated 04.03.2014. Without exhausting the remedy, instant writ petition has been filed.

Having considered the submissions, there is apparent error in passing the impugned order against one of the dead person.

Under the circumstance, the impugned order is set aside and the matter is remanded back to the Municipal Commissioner for passing order afresh after impleading necessary party.

Instant writ petition is disposed of. Interlocutory Application, is any, stands disposed of.