SURESH SAHU Vs. STATE OF JHARKHAND

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. 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.

(2.) The respondents have appeared and filed their counter affidavit wherein it has been stated that shops of the petitioners have been canceled as they were found to be illegally subletting the shops to other persons. It has further been stated that in another Writ Petition No. 4859 of 2004(annexed to the counter affidavit as annexure-A) in the case of Abdul Kalam Vrs. State of Jharkhand & others wherein the impugned order passed by the Circle Officer, Simdega directing the said petitioner to vacate the shop was challenged. This court had disposed of the writ petition vide order dated 7.7.2006 directing the Sub Divisional Magistrate to personally make an inquiry and issue notice to all those persons who have been running shops either on the basis of sublease or on the basis of purchaser. It was further directed that all the persons illegally occupying shops and running the business shall be noticed to show cause and after getting the shops vacated to be re-allotted to the needy persons including the persons who shall be evicted and this exercise must be completed within a period of six months from the date of order. The respondents have, thereafter, taken steps to issue notices to each of those persons, whose name are contained in annexure-

(3.) B to the counter affidavit and thereafter, they appeared and submitted their show cause, which was taken into account, where after the impugned order was passed.