hence the said shop is vacant for allotment to any competent licensee according to the seniority amongst the licensees and the applicants. Therefore, the authorities must get the said shop vacated if not yet done, expeditiously within one month from the date of this order. 41.Furthermore, there is no occasion to allot shop no. 58 again to a person, who has never been seriously interested in doing business in the shop although they are old licensees, but filed application for allotment of shop decades thereafter only when the old claim of Hassan Imam (C.W.J.C. No. 6261 of 2006) was at its final stages. Allotment of shop in favour of such person is bound to result in the same manner,which the authorities were forced to do in case of S. Zahid Hussain and Brothers (C.W.J.C. No. 6799 of 2006).42. According to the aforesaid criteria of seniority amongst the licensees and applicants as well as the genuineness of the claim and the seriousness of interest shown by the applicants in doing business in the shop in question, the person, who appears to be the fittest amongst the claimants, is undoubtedly Hassan Imam (C.W.J.C. No. 6261 of 2006) and hence his said writ petition is allowed and respondent-authorities are directed to allot shop no. 58 in his favour and put him in possession thereof immediately within one month of receipt/production of a copy of this order. 43. In the facts and circumstances discussed above in this order, C.W.J.C. No. 7566 of 2005, C.W.J.C. No. 13810 of 2005, C.W.J.C. No. 6799 of 2006and C.W.J.C. No. 11651 of 2006 are hereby dismissed. Howe ver, in future if any shop is vacated or is constructed, the authorities concerned shall consider the claims of the said petitioners along with other applicants for allotment of shop in the light of the principles prescribed above i.e. seniority of licensees amongst the applicants on a given date.”
