IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Manya Palace – Petitioner
Versus
Ranchi Municipal Corporation – Respondent
W.P. (C) No. 2262 of 2021
Decided On : 20-10-2021
Constitution of India, 1950 - Article 12 and 226 - Jharkhand Municipal Act, 2011 - Section 436(2) - Jharkhand Urban Area Dharamshala, Marriage Hall/Banquet Hall, Lodge and Hostel Construction and Licence Rules, 2013 - Quash of Letter - Licence - Seal of Banquet Halls/Marriage Halls – Imposition of tax - Letter issued whereby respondent no. 2-the Deputy Municipal Commissioner, Ranchi Municipal Corporation, Ranchi has asked respondent no. 3- Sub-Divisional Officer to depute magistrate and adequate number of police force to seal the Banquet Halls/Marriage Halls (the petitioners) [said buildings”] on ground that same are being run without permission from the competent authority of the Ranchi Municipal Corporation (RMC) - Petitioners were in process of complying objection/deficiency raised by RMC towards their online applications, but to their utter surprise, they came to know from other sources regarding issuance of letter, whereby respondent no. 2 asked the respondent no. 3 to depute magistrate and adequate number of police force to seal the said buildings at 11 a.m. on 29.06.2021 alleging that same were being run without permission of the competent authority of RMC - Held, So far claim of petitioners that the orders of sealing of said buildings have not been served to them, respondents have denied the said claim and have stated that orders were duly served to the petitioners through registered post and personal service upon them could not be possible as they refused to receive the said order - In view of aforesaid discussion, this Court deems it appropriate to exercise extraordinary writ jurisdiction under Article 226 of Constitution of India - Hence, without entering into the merit of respective claims of parties, orders passed for sealing of petitioners’ buildings are quashed on the ground of procedural impropriety - Writ petition is disposed of.
ORDER :
1. The present writ petition is taken up today through Video conferencing.
The present writ petition has been filed for quashing and setting aside letter no. 297 dated 24.06.2021 (Annexure-6 to the writ petition), whereby respondent no. 2-the Deputy Municipal Commissioner, Ranchi Municipal Corporation, Ranchi has asked the respondent no. 3-the Sub-Divisional Officer, Sadar, Ranchi to depute magistrate and adequate number of police force to seal the Banquet Halls/Marriage Halls (the petitioners) [hereinafter referred to as “the said buildings”] at 11 a.m. on 29.06.2021 on the ground that the same are being run without permission from the competent authority of the Ranchi Municipal Corporation (RMC).
2. The factual background of the case as stated in the writ petition is that the petitioners are engaged in the business of running Banquet/Marriage Halls within the jurisdiction of RMC, the details of individual petitioners are as under:
(i) Manya Palace (Petitioner No. 1) - This Banquet Hall is situated at Morhabadi area of Ranchi Town. It was earlier granted licence by RMC from 2016-2018 and later on, its application for grant of licence for subsequent years was pending before the authorities of RMC and lastly, as per the notice of the RMC, the proprietor of the petitioner no. 1 applied for online registration/grant of license in the office of RMC in the month of January 2021. The authorities of the RMC vide letter no. 03 dated 07.01.2021 intimated the proprietor of the petitioner no. 1 regarding the deficiency existing in the online application and asked him to upload approved building plan and the same was properly replied by the petitioner within time.
(ii) Paahi Palace (Petitioner No. 2) - This Banquet Hall is situated at Morhabadi area of Ranchi Town. In view of the notice of the RMC, the proprietor of the petitioner no. 2- Banquet Hall applied for online registration/grant of licence in the office of RMC in the month of January 2021. The authorities of the RMC vide letter no. 03 dated 07.01.2021 intimated the proprietor of the petitioner-Banquet Hall regarding the deficiency existing in the online application and asked him to upload approved building plan and the same was properly replied by the petitioner within time.
(iii) Geetanjali Banquet Hall (Petitioner No. 3) - This Banquet Hall is situated at Morhabadi area of Ranchi Town. In view of the notice of the RMC, the partner of the petitioner no. 3 applied for online registration/grant of licence in the office of RMC in the month of January 2021. The authorities of RMC vide letter no. 03 dated 07.01.2021 intimated the proprietor of the petitioner-Banquet Hall regarding the deficiency existing in the online application and asked him to upload approved building plan and the same was properly replied by the petitioner within time. However, again vide letter no. 28 dated 27.01.2021, the petitioner was issued notice for running the Banquet Hall illegally and was asked to submit online application for grant of licence/registration.
(iv) Ashirwad Banquet Hall (Petitioner No. 4) - This Banquet Hall is situated at Morhabadi area of the Ranchi Town. In view of the notice of RMC, the proprietor of the petitioner no. 4-Banquet Hall applied for online registration/grant of licence in the office of RMC in the month of January 2021.
(v) Chandragadh Bhawan (Suvidha Banquet Hall) Petitioner No. 5 - This Banquet Hall is under construction and is situated in Morhabadi area of Ranchi Town. Since this Banquet Hall is not functioning at present, it has not applied for grant of online registration in the office of RMC.
3. The learned counsel for the petitioners submits that the petitioners were in the process of complying the objection/deficiency raised by the RMC towards their online applications, but to their utter surprise, they came to know from other sources regarding issuance of letter No. 297 dated 24.06.2021, whereby the respondent no. 2 asked the respondent no. 3 to depute magistrate an
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