Writ petition challenging non-allotment of a Kiosk shop. Court directed respondent DM to consider a fresh representation by the petitioner and take appropriate steps within 12 weeks.
Liberty to prefer a fresh representation; direction to respondents to act within 12 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.-934 of 2018
Md. Akhlaque
Son of late Md. Mustaque resident of Bari Bazar, PO- Chaibasa, P.S.- Sadar, District- Singhbhum West (Jharkhand)
…Petitioner
-V e r s u s-
CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner :- Mr. Rajendra Prasad Gupta, Advocate For the Respondents :- Mr. Radha Krishan Gupta, A.C. to G.P. VI
Order No.-05 Dated: 09.07.2018
The present writ petition has been filed for issuance of direction upon the concerned respondents to hand over the possession of the Kiosk shop allotted to the petitioner as per the decision of the Committee dated 28.09.2016 constituted for the said purpose.
Learned counsel for the petitioner submits that a general notice/advertisement was published in daily newspaper namely ‘New Ispat Mail’ on 22.05.2016 inviting applications for allotment of Kiosk shop for the minority community. The petitioner being an unemployed person made an application for allotment of Kiosk shop in the premises of Water Tank in front of Ravindra Bhawan, Bangali Sewa Samiti, Chaibasa. A meeting of the committee dated 28.09.2016 headed by the Project Director, Integrated Development Tribal Agency (ITDA), Chaibasa was convened in the office of the District Magistrate-cumDeputy Commissioner, Singhbhum West, Chaibasa (respondent no. 3) for allotment of different Kiosk shops as per the advertisement. In the said meeting, it was resolved by the committee to allot the Kiosk shop to the petitioner in the premises of Water Tank in front of Ravindra Bhawan, Bangali Sewa Samiti, Chaibasa, in terms with Agenda no. 4. The grievance of the petitioner is that he preferred several representations followed by legal notice for actual allotment of the said
2
shop, but the same has not been allotted as yet despite the said resolution passed by the committee.
Learned A.C. to G.P.-VI submits that if the petitioner prefers a fresh representation before the respondent no. 3, the same will be considered and appropriate steps would be taken.
In view of the said submission made on behalf of the Staterespondents, the petitioner is given liberty to prefer a fresh representation before the respondent no. 3 who, on receipt of the same and on verifying the facts from the relevant records, shall take appropriate steps in this regard within a period of 12 (twelve) weeks from the date of receipt of the representation.
The writ petition is disposed of with the aforesaid liberty and direction.
(Rajesh Shankar, J.)
Ritesh
1 issue framed by the court
Whether directions should be issued to the respondents to allot the Kiosk shop to the petitioner based on the committee's resolution.
1 provisions across 1 enactments
Md. Akhlaque
The State of Jharkhand
The Project Director, Integrated Development Tribal Agency (ITDA)
The District Magistrate-cum-the Deputy Commissioner, West Singhbhum
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
