PRABHUNATH TIWARI Vs. RANCHI REGIONAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The following facts are not in dispute.

(2.) A suit being Title Suit No. 266/2006 was instituted by the Petitioners inter alia against Defendant-Respondent No. 4 Md. Anwar, who appeared in the suit. Thereafter, he filed an application for sanction of map which was sanctioned on 8.3.2008. The suit land and the land for which the map was sanctioned is the same. But in the application for sanction, Respondent No. 4 did not mention anything about the pendnecy of the said suit. The Petitioners filed an application, which was registered as U.C. Case No. 43 of 2008 invoking Section 38 of the Jharkhand Regional Development Authority Act (the Act for short) on or about 29.8.2008 inter alia alleging that the factum of the pendency of the suit was a suppression and thus material misrepresentation on the part of Respondent No. 4 and, therefore, the action under Section 38 of the Act be taken against him. On 21.11.2008, a time petition was filed on behalf of Respondent No. 4, which was allowed but in the meantime, it was ordered that no construction work will be done. On 26.11.2008, the Estate Officer, was directed to examine the paper and put up on the next date for final hearing.

(3.) The Estate Officer, submitted a report on 15.1.2009 with his opinion that the decision on the said application be taken only after disposal of the suit.