Bhola Prasad Sah @ Bhola Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5332 of 2021 ====================================================== Bhola Prasad Sah @ Bhola Prasad S/o Late Mohan Prasad, R/o Dighawara Nakti Devi Road, P.S. Dighwara, District - Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner cum Secretary, Rural Development Department, Bihar, Patna.

2.

The District Magistrate, Saran at Chapra.

3.

The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Saran at Chapra.

4.

The Executive Officer, Nagar Parishad, Saran at Chapra. 5.

The Sub Divisional Officer Sadar, Saran.

6.

The Circle Officer, Dighwara, Saran.

7.

The District Engineer, Zila Parishad, Saran.

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

For the Petitioner/s :

Mr.Raju Kumar, Advocate For the Respondent/s :

Mr.Ajay, GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 18-04-2022 The petitioner is seeking a direction to the respondent Nagar Parishad, Saran at Chapra to allot/ settle shop No. 250, which, according to the petitioner, is constructed over a vacant place and was earlier settled in favour of his grandfather.

2. From the pleadings on record, on the other hand, it appears that the Zila Parishad has issued a general scheme for settlement of new shops constructed in Dighwara Market to those shopkeepers who were previously in possession of an old shop. Pursuant to the said scheme, the petitioner appears to have

Patna High Court CWJC No.5332 of 2021(6) dt.18-04-2022 2/2 made an application and has deposited a sum of Rs. 1,50,000/-, as stated in the writ application. There is no reference to any particular shop in the petitioner's application filed pursuant to issuance of the scheme of the Zila Parishad for settlement of new shops.

3. Learned counsel appearing on behalf of the petitioner has argued that till date the Zila Parishad has not taken any decision on the point of settlement of a shop in favour of the petitioner though the application was made by him in the year 2015.

4. Considering the facts and circumstances, this application is disposed of with an observation that the petitioner shall be at liberty to make a representation before the Executive Officer, Nagar Parishad, Saran at Chapra (Respondent No. 4). If such representation is made within one month from today, the competent authority shall be under obligation to consider the same, take a final decision and communicate the decision to the petitioner within two months thereafter.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) Rajesh/- U