BHOLA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, wherein, the order dated 29.12.2018, passed by the Executive Officer, District Board (Zila Parishad), Chatra, whereby and whereunder, the allotment of the shop made in favour of the petitioner has been cancelled with a direction upon him to get the premises vacated within a period of one week, falling which appropriate legal action will be taken.

(2.) It is the case of the petitioner, as per the pleading made in the writ petition that in terms of a bilateral agreement dated 02.02.2017 (Annexure-1), the shop in question has been allotted for a period of five years with a condition stipulated in terms of the contract that the renewal of the Agreement would mandatorily to be made after lapse of the period of 11 months and for that the shop holder will have to make an application by physically appearing in the office hour of the respondent-office in the 11th month. However, he has made himself available before the office as per the condition stipulated in Clause No. 1 of the Terms of the contract (Annexure-1) by an application for renewal on 25.10.2018 (Annexure-3), but without considering the same, the allotment of the petitioner has been cancelled with a direction to vacate the shop within a week.

(3.) Learned counsel for the petitioner has raised the issue of non-observance of the principles of natural justice, since, according to him before passing an order of cancellation of allotment, it was incumbent upon the authority to issue show cause notice, but that, having not been done, therefore, the impugned order is in violation of the principles of natural justice, hence, not sustainable, accordingly, the same may be quashed.