PREMSONS MOTOR UDYOG PVT. LTD. Vs. DR. S.S. NARNOLLY AND OTHERS
LAWS(JHAR)-2014-9-93
HIGH COURT OF JHARKHAND
Decided on September 03,2014

Premsons Motor Udyog Pvt. Ltd. Appellant
VERSUS
Dr. S.S. Narnolly And Others Respondents

JUDGEMENT

D.N.Patel,ACJ. - (1.) This Civil Misc. Petition has been preferred for clarification of the order "service" used in paragraph 53 of the order passed by this Court dated 17th December, 2012 passed in W.P. (C) No. 1785 of 2007 which is annexed as Annexure 2 to the Memo of Petition.
(2.) In pursuance of the order dated 17th December, 2012 passed in W.P. (C) No. 1785 of 2007 with I.A. No.831 of 2011, direction was given by this Court in paragraph 53 as under:- "53. In view of the above discussions, the writ petition of the petitioner is partly allowed and it is held that construction permission granted to respondent No.6 is contrary to the bye-laws framed by the Ranchi Regional Development Authority in 2001. However, the building has already been constructed. Therefore, the only relief granted to the petitioner is that respondent no.6 is directed to close its service, painting and denting activities in the disputed plot within a period of one year from the date of this order so that the respondent no.6 may make alternative arrangement of shifting his service, painting and denting garage from the plot in dispute In view of the above orders, all interlocutory applications including I.A. No.831/2011 are disposed of without any order." (Emphasis supplied)
(3.) Against the order passed by this Court dated 17th December, 2012 in W.P. (C) No. 1785 of 2007, the present applicant had preferred Special Leave Petition (Civil) No.18422/2013 which was disposed of by Hon'ble Supreme Court vide order dated 25th October, 2013. The order reads as under:- "Upon hearing counsel the Court made the following O R D E R The Special leave petition is dismissed. However, we extend the time granted by the High Court to close the service, painting and denting activities, till March 31, 2014. Further, we also give liberty to the petitioner to seek clarification of the connotation 'service' which has been directed to be closed by the High Court by the impugned order as mentioned in paragraph 53." (Emphasis supplied);


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