The Jharkhand High Court has expressed disapproval of the Ranchi Municipal Corporation (RMC) for sealing the premises of the Physics Wallah coaching institute located in the Lalpur area of Ranchi without first addressing the owner’s responses to prior notices. Characterizing this action as “highly improper,” the court instructed the municipal authority to conduct a new hearing for the owner.
During the hearing of the owner’s petition, Justice Rajesh Shankar stated in an order dated September 24 that the petitioner should be granted an additional opportunity to submit a thorough response to the RMC within a two-week timeframe. Following receipt of this response, the RMC is required to conduct a hearing with the petitioner or their representative and carry out an investigation regarding the premises before making an informed decision.
The court was reviewing a challenge to notices issued by the RMC on July 1 and July 6, which mandated the coaching institute to rectify specified deficiencies in its operations. The notice from July 1 allowed the institute seven days to remedy the issues, with a warning that failure to comply would result in the sealing of the premises in accordance with the Jharkhand Municipal Act of 2011 and the Jharkhand Building Bye-laws of 2016.
The owner contended that he had responded to the notices on July 8 and 9; however, the municipal authorities did not issue any ruling on these replies and proceeded to seal the premises on September 3, leading him to appeal to the high court.
In opposition to the petition, the municipal corporation claimed that the owner’s replies were vague and failed to adequately address the concerns outlined in the notices. They maintained that the notices had explicitly warned of the consequences of sealing the premises if the deficiencies were not rectified.
Upon reviewing the documentation, the court discovered that the notices alleged that the premises were being utilized for commercial activities in violation of safety regulations and other essential municipal laws and building codes.
The court remarked on the principle of administrative fairness, which necessitates that public authorities act in a reasonable and unbiased manner. It stated that if a public authority issues a show-cause notice and receives a response, it is obligated to issue a reasoned decision regarding the acceptability of that response.
Furthermore, the court noted that if any ruling is made against an individual, they are entitled to seek further legal remedies. “In the present instance, rather than issuing an order, the municipal authority directly sealed the premises on September 3, 2026. This procedure, as perceived by this Court, is markedly improper,” the court remarked.
The court has granted the petitioner another chance to submit a detailed response to the RMC within two weeks. It has also directed the administrator to ensure that the owner or their representative is given an opportunity for a hearing, conduct an inquiry into the premises, and arrive at a legally informed decision within three weeks after receiving the response.
Ashish Shaji serves as a Senior Sub-Editor at The Indian Express (Digital), focusing on legal journalism. With a formal background in law and extensive editorial experience, he covers significant court developments and cases for the publication’s audience.
Ashish holds a BA LLB from IME Law College, CCSU, and specializes in distilling complex legal proceedings into accessible content. He also manages live blogs from the Supreme Court and various High Courts.
With over five years of experience in the industry, Ashish has contributed to several specialized legal and professional platforms, refining his skills in conveying intricate information. His previous roles include:
Lawsikho: Gaining insights into legal education and practical law.
Verdictum: Concentrating on high-quality legal news and court updates.
Enterslice: Working at the crossroads of legal, financial, and advisory services.
