- (1.) THIS writ petition has been preferred for quashing the order dated 7.2.2003 passed by the Appellate Tribunal, Ranchi Regional Development Authority, Ranchi, in Misc. Appeal No. 46 of 2002, whereby, a fine of Rs. 5,000/ - has been imposed on the petitioner's deceased father for the alleged illegal construction in M.S. Plot No. 1531, Mauza -Tharpakhna, Ward No. 7, Ranchi. Further prayer has been made for a direction to the respondents to submit the proposed plan of the construction to the concerned authority within a month for post facto sanction.
(2.) THIS Court vide its order dated 21.7.2008 had specifically directed the respondents to answer the points, raised by the petitioner in paragraph nos. 4, 5, 11, 12 and 13 of the writ petition, which were initially not replied. A supplementary counter affidavit thereafter has been filed by respondent no. 1 annexing the notification with regard to appointment of Chairman of the Appellate Tribunal and the tenure of appointment. The short point in issue for consideration before this Court is as to whether the Chairman of the Tribunal, who was appointed for a fixed tenure of one year commencing from 24.1.2002 till 31.1.2003 becomes functus officio from 1st February, 2003. The second contention raised by the petitioner is that in view of the authority and jurisdiction coming to an end by efflux of time, could he pass an order as a quasi judicial authority. 5. At paragraph nos. 5, 6 and 7 of the supplementary counter affidavit, filed by Mr. Prakash Chandra Biruwa, Executive Engineer -cum -Secretary of the Ranchi Regional Development Authority, it is stated as under: - "5. That vide notification no. 1067 dated 24.1.2002 the State Government has appointed Mr. Tarkeshwar Prasad as Chairman of Appeliate Tribunal constituted under Section 89 of the Jharkhand Regional Development Authority Act. 6. That the appointment of Mr. Tarkeshwar Prasad was for period of one year from the date of taking charge of the post of Chairman, Appellate Tribunal, RRDA. 7. That Mr. Tarkeshwar Prasad had taken charge on 1.2.2002. That admittedly the tenure of Mr. Tarkeshwar Prasad was expired on 31.1.2003." 5. In fact, at paragraph no. 9 of the supplementary counter affidavit, the respondents have specifically stated that on 26.2.2003 the Government had issued a letter informing the Secretary of the answering respondent that after lapse of tenure Mr. Tarkeshwar Prasad will not function as a Chairman of the Appellate Tribunal. The notification has been annexed, which also supports the aforesaid contention. 6. Under Section 89 of the Bihar Regional Development Authority Act, 1974, as adopted by the State of Jharkhand, it is specifically provided that the Tribunal shall consist of President and two members. The President shall be appointed by the State Government from the cadre of District Judges of the State Superior Judicial Service. 7. Be that as it may, the fact remains that the authority, who has passed the impugned order in any case became functus officio and any order passed thereafter was a nullity right at the inception, the same being illegal lacking authority to pass such order. 8. Considering the aforesaid facts and circumstances of the case, the impugned order dated 7.2.2003, passed by the Appellate Tribunal, nanchi Regional Development Authority, Ranchi in Misc. Appeal No. 46 of 2002 is on the face of it illegal and unsustainable and is, accordingly, quashed but without any order as to costs. 9. I am informed that now the Tribunal has been duly constituted and is functioning. 10. Accordingly, this matter is again remitted back for being considered in accordance with law by the Tribunal. 11. This writ petition is, accordingly, disposed of.;