JAI PRAKASH MEHTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner in this writ application has prayed for quashing the letter No. 118 dated 9.6.2008 (Annexure -7) whereby the Deputy Development Commissioner -cum D.E.O. -cum -Secretary, District Board, Hazaribagh/Respondent No. 3 has directed the petitioner to vacate 139.76 Sq.Ft. of the building portion which is under the petitioner's possession, within one week from the date of order and with a further direction that on the petitioner's failure to vacate the aforesaid premises, the petitioner's allotment shall be cancelled. A further prayer has been made for issuance of a direction to the Respondent No. 3 to execule an agreement for an area of 262.09 Sq.Ft. of the premises in favour of the petitioner pursuant to the letter dated 3.3.2008 (Annexure -3) and to allow the petitioner to deposit the rent on month basis after May, 2008.

(2.) PETITIONER 's case in brief is that he was allotted a canteen/godown premises within the District Board campus comprising an area of approximately 453 Sq.Ft. on payment of monthly rent of Rs. 1,350/with effect from 1.5.2005. The petitioner had been paying the rent regularly since the date of allotment and occupying the said premises for long. Subsequently on 1.3.2008, by Annexure -3, the petitioner was allotted 262.09 Sq.Ft. of the premises for the purpose of commercial use and the rent was fixed for the said premises. The petitioner has been paying the rent regularly since the date of allotment. Now by the impugned order, a direction has been given to the petitioner to surrender an area of 139.76 Sq. Ft. and a further area of 73.50 Sq. Ft. of the allotted area.

(3.) HEARD counsel for the parties.