AHMED MUMTAZ AHMED Vs. STATE OF BIHAR

JUDGEMENT

(1.) Shop No. 58 situate in the marketing yard of Agricultural Produce Market, Musallahpur, Patna was allotted to the appellant on 15th December, 2004 by the Bihar State Agricultural Marketing Board through its competent authority.

(2.) The Respondent No. 6 Hasan Imam had claimed allotment of the same shop on the plea that he was the senior most allottee, and based on such claim of seniority, he was entitled to the allotment of the said shop. On 11 th of June, 2005, the Managing Director passed an order for allotting the shop to M/s Hasan Imam (Respondent No. 6) and vide communication dated 16th June, 2005, the Secretary cancelled the allotment in favour of the appellant. Assailing this order of cancellation, the appellant filed a writ petition which was dismissed and a Letters Patent Appeal against the same also met the same fate. The orders passed by the learned Single Judge and by the Division Bench in Letters Patent Appeal were assailed before the Apex Court and the Apex Court allowed the appeal on the ground that the cancellation of allotment of the shop of the appellant was in violation of principles of natural justice. Liberty was, however, reserved to the Board to pass an appropriate order in accordance with law.

(3.) The judgment dated 1st of May 2015 passed by the Apex Court in Civil Appeal No. 4214 of 2015 [M/S Md. Ahmad Mumtaz Ahmad Vs. Bihar State Agriculture Marketing Board and Ors] is extracted hereinunder:-