LAWS(JHAR)-2012-6-64

MD.JAMALUDDIN ANSARI Vs. STATE OF JHARKHAND

Decided On June 28, 2012
Md.Jamaluddin Ansari Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THE order impugned in this writ petition is issued by the Respondent No. 3, Sub Divisional Officer, Simdega whereby the allotment of shops of petitioners have been canceled vide order dated 19.9.2006 with effect from 20.9.2006. Further prayer has been made to quash the order by which petitioner has been directed to vacate the premises within one week and also consequential prayer to allow them to run their shops.

(2.) IT appears that notices were issued by the S.D.O., Simdega for the alleged violation of the agreement by which the shops allotted to the petitioners were sublet to other persons and they were directed to file their show cause. The respondent authority, thereafter, proceeded to issue the impugned order canceling the allotment of petitioners' shops and for their evictions from the shops in question.

(3.) IT has further been stated in the counter affidavit that those persons have been evicted in pursuance to the impugned order dated 4.10.2006. Further, respondents have stated that vide order dated 26.9.2006 passed by this court, it was directed for not taking coercive action against the petitioners, but the copy of the said order was received in the office of respondents only on 11.10.2006, while the shops were sealed on 4.10.2006 itself. However, after receipt of the order process of re - allotment of shops has been stopped.