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2022 Supreme(Jhk) 55

RAJESH SHANKAR
Anil Kumar – Appellant
Versus
Nagar Panchayat, Khunti, through its Executive Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sumeet Gadodia, Advocate
For the Respondent:Mr. Ajit Kumar, Mr. Ranjit Kumar, Advocate

JUDGMENT :

1. This case is taken up through video conferencing.

2. The present writ petition has been filed for quashing the notice as contained in memo No. 703 dated 08.06.2021 (Annexure-2 to the writ petition) issued by the Executive Officer, Nagar Panchayat, Khunti-respondent No.1, whereby the petitioner has been directed to demolish or fill up 6” high yielding drilled borewell within 15 days or else in exercise of the power under Section 209 of Jharkhand Municipal Act, 2011 (in short ‘the Municipal Act, 2011’) the same shall be demolished by the authority and the expenses incurred in demolition shall be realized from him. Further prayer has been made for quashing the letter as contained in memo No.766 dated 22.06.2021 (Annexure- 4 to the writ petition) issued by respondent No.1, whereby the reply filed by the petitioner on 22.06.2021 has been rejected, directing him to demolish the said borewell till 29.06.2021 failing which the same will be demolished by the respondent no.1 imposing cost of demolition upon the petitioner.

3. The factual background of the case as stated in the writ petition is that in the year 2010, the father of the petitioner, namely, Dinesh Chandra Mahto, being

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