AJAIB SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties, and with their consent this writ petition is being disposed of at this stage itself.

(2.) THE grievance of the petitioner is that though earlier he had a shop in the Khatia Market situated in the town of Jamshedpur, but the same was demolished, and thereafter, a new market was constructed over there and the district administration decided to allot the newly constructed shops to those persons whose shops were demolished. According to the petitioner though in the survey made by the Deputy Collector, it was found that the petitioner namely Ajaib Singh had a shop in the said area and the same was demolished, but still as per the norms of allotment of the shops, he has not been allotted any shop as yet. The petitioner alleged that in allotment of shops several irregularities were committed by the administration. Learned counsel produced before me an order dated 9.7.2003 passed in W.P.(C) Nos. 2631 of 2002 and 306 of 2003, where in similar circumstances, this Court has directed the Deputy Commissioner to consider the case of those petitioners and make allotment of land/shops in the newly constructed market area. It was further directed that if no land/shop was available, then the Deputy Commissioner must remove the persons who are kith and kin of the district administration and who were allotted the shops on extraneous ground. It is submitted that the case of the present petitioner is also exactly similarly situated with those writ petitioners of W.P.(C) Nos. 2631 of 2002 and 306 of 2003.

(3.) AFTER considering the facts stated above as well as after going through the order passed by this Court in W.P.(C) No. 2631 of 2002(R), the copy of which has been produced before me at the time of argument, I find that the petitioner has been able to make out a case for consideration of his claim for allotment of shop, and accordingly, this writ petition is being disposed of by directing the Deputy Commissioner, East Singhbhum, to consider his claim for allotment of shop in the newly constructed market area, subject to fulfilling other criteria for allotment of shop and in case he fulfills the conditions for allotment, he should be allotted one shop in the said market area. It is made clear that if the petitioner is found eligible for allotment of shop and no shop is found available, then the Deputy Commissioner shall follow the guideline and direction issued by this Court in W.P.(C) Nos. 2631 of 2002 and 306 of 2003, and take a decision within a period of four weeks from the date of receipt/production of a copy of this order.