IN THE HIGH COURT OF JHARKHAND AT RANCHI

(CIVIL WRIT JURISDICTION)

W.P.(C) No. ________ of 2022

IN THE MATTER OF:

An application under Article 226

of the Constitution of India;

AND

IN THE MATTER OF:

Petitioner.

…Respondents.

To,

The Hon'ble Mr. Justice Dr. Ravi Ranjan,

the Chief Justice of the High Court of

Jharkhand and his other Companion

Judges of the said Hon'ble Court.

The humble application on behalf

of the Petitioner above-named;

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MOST RESPECTFULLY SHEWETH: -

1. That by way this instant writ application, the petitioner

prays for following reliefs:-

i. For issuing of writ in nature of mandamus

commanding to forthwith habilitate the members of

the petitioner to some suitable nearby place while

considering the fact that the petitioner by virtue of

memo dated 28.01.2022 issued by Deputy

Commissioner , Ranchi , the members of the

petitioner who have been earning their livelihood

from last several years through their thela ,

Komcha and gumti have forcefully been removed

and till date no decision has been taken either to

allot them some other convenient place or to

habilitate so that 300 such thela, khomcha and

gumti could survive with their family members.

And/ Or

The petitioner prays for passing of such other

order(s) or direction(s) as Your Lordships may deem

fit and proper in the interest of justice.

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2. That the main issues / points of law may fall for

consideration before this Hon’ble Court while deciding

the present case:

A. Whether the action of the respondents regarding

taking of unilateral decision of removing the

members of the petitioner by depriving them their

livelihood is illegal , arbitrary and unsustainable

in the eyes of law?

B. Whether the respondent are duty bound to

habilitate these petitioner some where in the

same locality for the purpose of ensuring earning

of livelihood since 1200 persons are directly and

indirectly dependent?

C. Whether the action of the respondent bank is

violative of Article of Article 14, 19(1) g, 21 and

________ of the Constitution of India and also

their right over the property ?

3. That the cause of action for filing the present writ

petitioner has arosen within the territorial jurisdiction

of Hon'ble Jharkhand High Court at Ranchi.

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4. That the respondents are State within the meaning of

Article 12 of the Constitution of India and hence

amenable to writ jurisdiction of this Hon'ble Court.

5. That the petitioner “Morabadi Foothpath Dukandar

Sang Union” have more than 300 members who have

been earning their livelihood through their thela,

khomcha and gumti near Morabadi ground from

several years and it’s President is citizen of India.

6. That it is humbly stated and submitted that the

petitioner consists of the following active members,

details of them are provided in the chart below:-

Sl Name of the Nature of the Mode of

No. members Business Business

Further, it also stated that the active members who

have been running their small business of tea, snacks ,

chowmien, fruits, pan etc and 1200 family members are

directly and indirectly dependent on the earnings made

through the aforesaid business done through this thelas,

Khomchas and gumtis.

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7. That it is humbly stated and submitted that the

members of the petitioner for smooth running of their

business where complying all necessary directions

issued time to time by the office of the Deputy

Commissioner, Ranchi and Ranchi Municipal

Corporation.

8. That it is humbly stated and submitted that there was

no complaint made either by the residence of the area

or by the people who used to visit their outlets

meaning there by the members of the petitioners are

law abiding citizen and cannot dare to enter into any

unlawful activities.

9. That it is humbly stated and submitted that on

__________an untrue ward incident took place near by

Morabadi Ground and thereafter vide Memo No.94,

Ranchi , dated 28.01.2022 under the signature of

Deputy Commissioner, Ranchi imposed Section 144 in

Morabadi ground.

Photocopy of the Memo

No.94, Ranchi , dated

28.01.2022 is annexed and

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marked as Annexure-1 to

this application.

10. That it humbly stated and submitted that vide Memo

No. 254, Ranchi, dated 29.01.2022 under signature of

Sub Divisional Officer, Sadar , Ranchi has directed to

remove all the thelas, komchas and gumtis on

30.01.2022 and thereafter the members of the

petitioner were removed from the area with a promise

to habilitate them in nearby suitable area.

Photocopy of the Memo

No.254, Ranchi , dated

29.01.2022 is annexed and

marked as Annexure-2 to

this application.

11. That it is humbly stated and submitted that the

members of the petitioner after being removed from

Morabadi ground are facing huge hardships which is

effecting directly and indirectly 1200 family members

dependent on the earnings made through the members

of the petitioner.

12. That as promised by the respondent authorities the

members of the petitioner have not yet been re-

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habilitate to nearby suitable area for their livelihood,

thereafter the petitioner filed representations before

the respondent authorities to re- habilitate at earliest

as they are facing hardships.

Photocopy of the

representations is annexed

and marked as Annexure-3

series to this application.

13.

14. That it is humbly stated and submitted that the action

of the respondents regarding taking of unilateral

decision of removing the members of the petitioner by

depriving them their livelihood is illegal , arbitrary and

unsustainable in the eyes of law.

15. That it is humbly stated and submitted that the

respondent are duty bound to habilitate these

petitioner somewhere in the same locality for the

purpose of ensuring earning of livelihood since 1200

persons are directly and indirectly dependent.

16. That the action of the respondent authorities is

violative of Article of Article 14, 19(1) g, 21 and ______

of the Constitution of India .

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17. That the petitioner has not moved earlier before this

Hon'ble Court for the self same relief.

18. That the petitioner has got no other efficacious, speedy

and alternative remedy than to move before this

Hon’ble Court by way of this writ application.

19. That the Petitioner shall suffer irreparable loss and

injury if this application is not admitted.

20. That this writ petition is being preferred bonafide and

in the interest of justice.

It is, therefore, prayed that Your

Lordships may graciously be pleased to

issue RULE NISI commanding upon

the respondent to show cause as to

why the relief prayed for be not allowed

and upon return of the RULE and

cause shown if any as well as after

hearing the learned counsel of the

parties, be pleased:-

(a) For issuing of writ in nature of

mandamus commanding to forthwith

habilitate the members of the

petitioner to some suitable nearby

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place while considering the fact that

the petitioner by virtue of memo dated

28.01.2022 issued by Deputy

Commissioner , Ranchi , the members

of the petitioner who have been

earning their livelihood from last

several years through their thela ,

Komcha and gumti have forcefully

been removed and till date no

decision has been taken either to allot

them some other convenient place or

to habilitate so that 300 such thela,

khomcha and gumti could survive

with their family members.

And / Or

Pass such other order or orders, as

Your Lordships may deem fit and

proper in the interest of justice.

And for this the petitioner shall ever pray.