- (1.) HEARD learned counsel for the parties on the application, I.A No.852/2012, for condonation of delay. The delay in filing this appeal is condoned and I.A No.852/2012 is allowed. This appeal has been preferred against the order dated 6.1.2012 passed in W.P(C) No.5131/2011 by a party, who was not added as party in the writ petition.
(2.) LEARNED counsel for the appellant submits that at the instance of the appellant and on his complaint, the construction permission granted to the writ petitioner was cancelled. It is submitted that a Title Suit between the parties is pending as the present appellant had filed the Title Suit. It is also submitted that one writ has also been filed by the present appellant and another writ has been filed by the writ petitioner, which are also pending.
(3.) WE considered the submissions of the learned counsel for the parties and perused the facts of the case. It appears from the impugned order that earlier construction permission was granted to the writ petitioner, vide order dated 15.12.2005 and that was subsequently cancelled by the order dated 12.8.2008 and the learned Single Judge observed that the said order dated 12.8.2008 was passed without affording any opportunity of hearing to the writ petitioner and directed the authorities to give fresh opportunity of hearing to the writ petitioner and to pass a reasoned order after taking into consideration the judgment passed in W.P(PIL) No.2626/2005. By the impugned order, it has been ordered that a fresh reasoned order be passed after giving opportunity of hearing. Therefore, we are not inclined to entertain this appeal on behalf of the present appellant who was not a party before the learned Single Judge and further for the reason that the appellant will be free to place his submissions before the Ranchi Regional Development Authority in a matter, where Ranchi Regional Development Authority will have to pass order. The appellant may now place a copy of this order before the authority of R.R.D.A for obtaining opportunity of hearing, if the matter has not already been decided by the authorities. So far as pendency of Title Suit is concerned, for that we are not making any observation and the parties are free to obtain any interim order.;