Sitaram Prasad, v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4667 of 2021 ====================================================== 1.

Sitaram Prasad, Son of Late Chokat Mahto, Resident of VillageDhoomnagar, P.S.-Nautan, Dist-West Champaran. 2.

Ajit Kumar, Son of Late Madhav Rao, Resident of Village-laukariya, P.S.- Bairiya, Dist-West Champaran.

3.

Jai Prakash Rao, Son of Late Bhola Rao, Resident of Village-Sansariya, P.S.- Bettiah Muffasil, Dist-West Champaran.

4.

Zakir Balegh, Son of Late Izhar Husain, Resident of Ward No. 29, Baswariya, P.S.-Bettiah Town, Dist-West Champaran. 5.

Rajendra Padit, Son of Late Hardowal Padit, Resident of Mohalla-Krishna Nagar, near RLSY College, 6.

Ramanand Prasad, Son of Late Kodosah, Resident of Village-Ward No. 12, Sarisaba Bazar, P.s. Majhaulia, District-West Champaran. 7.

Jaimangal Prasad Gupta, Son of Raja Prasad Gupta, Resident of VillageFatehpur, P.S.-Jogapatti, Dist-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Agriculture, Govt. of Bihar, Patna.

2.

The District Magistrate, West Champaran, Bettiah. 3.

The Sub Divisional Officer cum Special Officer, Agriculture Produce Market, West Champaran, Bettiah.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyavrat Verma, Advocate For the Respondent/s :

Mr.Awanish Nandan Sinha, GP 21 Mr. Nilotpal Sharma, AC to GP 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-02-2021 The petitioners have approached this Court for quashing of the order contained in Annexure-3 series. The only contention of the petitioners is that the order contained in Annexure-3 series was passed without opportunity of hearing to the petitioners and the respondents have directed

Patna High Court CWJC No.4667 of 2021(2) dt.18-02-2021 2/2 the petitioners to vacate their shops allotted by the erstwhile Agriculture Produce Market Committee, Bettiah situated at Bettiah-Muzaffarpur Highway.

Without going into the details of the pleadings, the writ petition is disposed of with the direction to the SDO to provide opportunity of hearing to the petitioners and after hearing the petitioners, the SDO shall pass appropriate reasoned order within a maximum period of one month from the date of receipt/production of a copy of this order.

Until final decision afresh is passed by the SDO, the petitioners shall not be disturbed.

In the event the fresh order passed by the SDO goes against the petitioners, liberty shall be available to the petitioners to challenge the same in accordance with law. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U