CHANDRASHEKHAR, J. - (1.) BEING aggrieved by order dated 20.05.2014, a copy of which was supplied allegedly subsequently to the petitioner, the petitioner has approached this Court by filing the present writ petition.
(2.) THE writ petitioner has stated thus: The petitioner has been running a business in the name and style as "M/s Niranjan Nandkishore" in the premises bearing Municipal holding No.928 in Ranchi Municipal Ward No.3 ( now 22) in the district of Ranchi on a month to month tenancy under Respondent No.4. The premises in question has been occupied for more than 50 years by the family of the petitioner in which the wholesale business of shocks, innerwear and other garments is being carried out by the family of the petitioner. The premises consists of two rooms adjacent to each other and two separate rent receipts are issued with respect to both the properties by Respondent No.4. The monthly rent of the shop is Rs.2000/ - per month and two separate receipts of Rs.1500/ - per month and Rs.500/ - per month are issued by the Respondent No.4. After the death of the father of the petitioner on 16.11.2012, the Respondent No.4 started pressurizing the petitioner to evict the suit premises which is the only source of livelihood of the petitioner's family. The petitioner was forced to pay a sum of Rs.2,01,000/ - (Rs. Two lacs one thousand) in cash to Respondent No.4 for purchase of the entire suit premises for which the total consideration was decided as Rs.50,00,000/ - however, no formal agreement for sale was executed by Respondent No.4 on the pretext that unless and until a sum of Rs.10,00,000/ - is paid by the petitioner the formal agreement for sale would not be executed in favour of the petitioner. The petitioner was compelled to file a suit in the Court of Civil Judge (Junior Division), Ranchi vide Title Suit No.67 of 2014, seeking grant of perpetual injunction restraining the Respondent No.4 from interfering with the legal possession of the petitioner in the suit premises. Even though the Title Suit No.67 of 2014 remained pending, the Respondent No.4 with an ulterior motive to evict the petitioner from the suit premises, filed an application before the Ranchi Municipal Corporation under Section 387 of the Jharkhand Municipal Act, 2011 seeking an appropriate order for demolition of the suit premises. The Respondent No.2 on the application filed by the Respondent No.4, in a most arbitrary manner and without complying with the provisions of Jharkhand Municipal Act, 2011 passed an order for demolition of the building, though the petitioner is the tenant in the suit premises for more than 50 years. No notice was served upon the petitioner and even the copy of order dated 20.05.2014 was not served upon the petitioner. In these facts the petitioner has approached this Court by filing the writ petition.
(3.) A counter affidavit has been filed on behalf of the Ranchi Municipal Corporation, the Respondent Nos. 1 to 3 supporting and justifying order dated 20.05.2014. A copy of the report dated 24.04.2014 prepared by the officers of the Ranchi Municipal Corporation has been brought on record. By filing counter affidavit, the Respondent No.4 has also supported order dated 20.05.2014, whereby Respondent No.2 has passed an order for demolition of the suit premises.;