MD. ABID HUSSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for issuance of a writ of or in the nature of certiorari or for any other appropriate writ, order or direction for quashing the impugned notice as contained in Memo No. 4(1)/Ra. Dated 4.10.2006 (Annexure -4) issued by the Sub Divisional Officer, Simdega (Respondent No. 3) whereby and whereunder the Respondent No. 3 has cancelled the allotment of Shop No. 115 situated at Mouza -Simdega under Khata No. 172, Plot No. 3/3131 allotted to the petitioner by the Additional Collector, Simdega by its order dated 10.9.2003 which was duly approved by the Deputy Commissioner, Simdega and evicted the petitioner from the shop premises and further direction upon the respondents No. 5 to accept the rent and execute agreement of the premises in view of the order passed by the Additional Collector, Simdega on 10.9.2003 in Misc. Case No. 22/2003 -04.

(2.) THE facts in brief are stated as under:

(3.) IN the light of the aforesaid, the respondent no 4 issued a notice to Nilam Raza vide Misc. No. 19/06 on 3.7.2006 to file show cause and accordingly on 18.7.2006 he appeared but without filing any show cause. As per the previous enquiry it was found that the original allottee Nilam Raza violated the terms and conditions at para -13 of the agreement by subletting it to Mel. Mumtaz Alam, S/o Abdul Rauf who was own brother of the petitioner. However, respondent No. 3 again conducted a detailed enquiry and found that Nilam Raza had sublet It and violated the terms and conditions of the agreement and accordingly agreement was cancelled on 18.9.2006.