Saad Hannan vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard the learned counsel for the petitioner, the learned counsel for the respondent State and the learned counsel appearing on behalf of the respondent Ranchi Municipal Corporation (RMC).

The prayer in this petition has been made for issuance of direction upon the respondent authorities not to issue occupancy certificate in favour of respondent nos.4, 5 and 6 for the ongoing construction of R.Ali Mall situated at ward no.3(old) and ward no.13(new), M.S. Plot no.704, 706, 670, 672, 671, 673 and 705, mouza-Hindpiri, thana no.209, khata no.64, Main Road, Ranchi.

Learned counsel for the petitioner submits that for the said Mall the construction is still going on and U.C. Case with regard to said dispute is already pending with Ranchi Municipal Corporation being U.C. Case No.7 of 2018. He submits that the petitioner has also filed a representation on 16.01.2024 and 24.04.2024 which is still pending. On this ground, he submits that the prayer made in the petition may kindly be allowed.

Mr. L.C.N. Shahdeo, the learned counsel appearing on behalf of the respondent Ranchi Municipal Corporation submits that occupancy certificate is not issued as yet by the Ranchi Municipal Corporation and the dispute with regard to the said construction is being examined by the competent authority in light of U.C. Case No.7 of 2018 and further the petitioner is having the alternative remedy to appeal under the Ranchi Municipal Corporation Act, 2001.

In view of above, it transpires that the petitioner has also initiated U.C. Case No.7 of 2018 which is still pending and further no objection certificate is not issued as yet by the respondent Ranchi Municipal Corporation, and on this ground, he can take steps in that U.C. Case.

No case of interference is made out.

Accordingly, W.P.(C)  No.2937 of 2024 is dismissed.

Pending petition if any also stands disposed of accordingly.