Sonu Pascal Ekka And Others vs Governor

Rajesh Shankar, J

Though today is Sunday, yet the present writ petitions have been notified on urgent mentioning of the learned counsel for the petitioners and are

being taken up through virtual mode to consider I.A. No. 7564 of 2021 filed in W.P.(C) No. 4907 of 2021 and I.A. No. 7565 of 2021 filed in W.P.(C)

No. 4953 of 2021.

Since both the writ petitions involve similar issue, the same are being taken up together with consent of the learned counsel for the parties.

The present writ petitions have been filed for setting aside the notices as contained in letter nos. 1369 (iii) and 1369 (ii) both dated 25.10.2021

(Annexure- 1 to the respective writ petitions) issued by the Assistant Municipal Commissioner, Ranchi Municipal Corporation (RMC), Ranchi (the

respondent no. 7) calling upon the concerned persons to submit the required documents relating to their respective land appertaining to Mouza-Bara

Ghaghra, Thana No.- 221, Khata No. 328, plot nos. 57 and 58 before the said authority. Further prayer has been made for issuance of direction upon

the concerned respondents to stop collection of holding tax/municipal tax and any other taxes imposed by the respondent-RMC, Ranchi from village

Bara Ghaghra, Ranchi. The petitioners have also prayed for declaration that village Bara Ghaghra cannot be said to be urban area or municipal area

as the same is situated in the scheduled area of Ranchi district. Further prayer has been made for issuance of direction upon the concerned

respondents to repay the holding tax/municipal tax and other taxes collected from the villagers of Bara Ghaghra village. The petitioners have also

prayed for staying the operation of letter nos. 1369 (iii) and 1369 (ii) of the respective writ petitions both dated 25.10.2021 issued by the respondent no.

7 during pendency of the said writ petitions.

I.A. No. 7564 of 2021 (in W.P.(C) No. 4907 of 2021] and I.A. No. 7565 of 2021 [in W.P.(C) No. 4953 of 2021] have been filed by the petitioners

challenging the public notice as contained in letter no. 1585 dated 23.12.2021 issued by the Deputy Municipal Commissioner, RMC, Ranchi whereby

three persons namely Birsa Oraon, Sushma Ekka (mother of the petitioner of W.P.(C) No. 4907 of 2021) and Suresh Tirkey- petitioner of W.P.(C)

No. 4953 of 2021 by treating them to be the encroachers, have been directed to remove the alleged encroachment from the land in question by

vacating the same within 72 hours failing which, the said encroachment would be removed forcibly and the expenses incurred on the same would be

realised from them as the said land has been given on lease by the respondent-RMC for the purpose of construction of Apollo hospital.

Mr. Kaushalendra Prasad, Learned counsel for the petitioners, submits that the land appertaining to Khata no. 73, plot no. 148 Khewat No. 1,

Pargana- Khukhra of Mouza- Bara Ghaghra No. 221, Thana- Ranchi measuring an area of 0.73 acre was recorded in cadastral survey record of

rights in the name of Budhuwa Oraon who was the ancestor of the petitioner of W.P.(C) No. 4907 of 2021 whereas the land appertaining to Khata

no. 39, plot no. 151, Khewat No. 1, Pargana- Khukhra of Mouza- Bara Ghaghra No. 221, Thana- Ranchi measuring an area of 76 decimals was

recorded in the said record of rights in the name of Barka Tutang Oraon- ancestor of petitioner of W.P.(C) No. 4953 of 2021. Their decedents

including the petitioners have been enjoying peaceful possession of the respective land for last several years. It is further submitted that in pursuance

of issuance of impugned notices dated 25.10.2021 under the signature of the respondent no. 7 calling upon the petitioners to submit the required

documents relating to their respective land, the petitioners submitted their reply on 29.10.2021 clearly stating that the said notices have been illegally

issued purportedly exercising the power conferred under Section 606 (2) of the Jharkhand Municipal Act, 2011 (in short, “the Act, 2011â€) as the

provisions of the Act, 2011 do not apply in the schedule area. It was also stated in the said reply that there cannot be any existence of municipal

corporation or municipality in the schedule area of the State of Jharkhand as the same is in contravention with the provisions of Article 243 ZC of

Part-IX A read with Article 244(1) and the fifth schedule of the Constitution of India. However, despite receipt of the reply submitted by the

petitioners in response to the notices dated 25.10.2021 issued by the respondent no. 7, no order thereafter was served to them by any authority of the

said corporation and in a most arbitrary manner, a public notice as contained in letter no. 1585 dated 23.12.2021 has been issued by the Deputy

Municipal Corporation, RMC, Ranchi directing the mother of the petitioner of W.P.(C) No. 4907 of 2021 and the petitioner of W.P.(C) No. 4953 of

2021 as well as one Birsa Oraon to vacate the land in question within 72 hours.

Issue notice only to the respondent nos. 6 and 7 as well as the respondent nos. 8 and 9 in both the writ petitions for the present.

Mr. Shashank Shekhar, Advocate, appears and waives notice on behalf of the respondent nos. 6 and 7 in both the writ petitions.

Learned counsel appearing for the respondent nos. 6 and 7 (RMC) in both the writ petitions, on instruction, submits that a land encroachment

proceeding against the petitioners was initiated by the Circle Officer, Argora Circle, Ranchi at the instance of the respondent-RMC which was

registered as Encroachment Case No. 11/2021-22. The said encroachment case was disposed of by the said circle officer on 21.12.2021 instructing

the respondent-RMC to initiate appropriate proceeding under Section 606(2) of the Act, 2011 in pursuance of which public notice as contained in letter

no. 1585 dated 23.12.2021 has been issued calling upon Birsa Oraon, Sushma Ekka and Suresh Tirkey to remove the alleged encroachment from the

land in question and vacate the same within 72 hours. It is also submitted that the petitioners are claiming right over the land in question on the basis of

entry made in cadastral survey khatiyan whereas the name of respondent-RMC was duly entered in the khatiyan after municipal survey conducted in

the year 1929. However, learned counsel for the respondent nos. 6 and 7 prays for and is allowed four weeks’ time to seek instruction and file

counter affidavit in both the writ petitions.

Mr. Ravi Prakash Mishra, learned A.C. to A.A.G.-II, and Mr. Deepankar Roy, learned A.C. to A.G., appear and waive notices on behalf the

respondent nos. 8 and 9 of the respective writ petitions. They also pray for and are allowed four weeks’ time to seek instruction and file

respective counter affidavits.

Put up these cases on 16.02.2022 under appropriate heading.

Till then, the operation of notice as contained in letter no. 1585 dated 23.12.2021 issued by the Deputy Municipal Commissioner, RMC, Ranchi

shall remain stayed.

I.A. No. 7564 of 2021 filed in W.P.(C) No. 4907 of 2021 and I.A. No. 7565 of 2021 filed in W.P.(C) No. 4953 of 2021 stand disposed of.