DEEPNARAYAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Despite opportunities neither the Collector, nor the Municipality have filed their counters. Their right to file the counter is closed.

(3.) The complaint of the petitioners simply is that in pursuance of the notice published in the local newspaper the petitioners and likes made application for allotment of the shops after observing the rules of the advertisement the shops were allotted in favour of the petitioners but thereafter the Collector for the reasons best known to him simply observed that transparent procedure was not followed in making the allotments, therefore, the allotments should be cancelled. Taking the observations of the Collector to be a mandatory nature without application of mind or without looking into what was required to be done and even without issuing any notice to show-cause the municipality like a humble slave of the District Magistrate cancelled the allotments.