Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4714 of 2024 ====================================================== 1.

Lalita Devi Wife of Late Ram Janam Kumar, resident of Mohalla Bajaj Patti Sudha Milk Parler Ke Pichhe, Motihari, P.S.-Motihari Town, District-East Champaran.

2.

Arun Kumar, Son of Late Ram Janam Kumar, resident of Mohalla Bajaj Patti Sudha Milk Parler Ke Pichhe, Motihari, P.S.-Motihari Town, DistrictEast Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, East Champaran, Motihari. 3.

The Chairman, Nagar Parishad Motihari, East Champaran. 4.

That S.D.O. Sadar, East Champaran.

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

For the Petitioner/s :

Mr. Uma Shankar Verma, Sr. Advocate Ms.Kumari Anjali, Advocate For the Respondent/s :

Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-05-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) To hold the order of this Hon'ble High Court by which observed, the respondent authority may allot suitable place to shop keeper for carrying their liability made or alternative arrangement to the petitioners on their family.

(ii) To hold the direction of this Hon'ble High Court, the Collector constitute the committee and allotted the shops/

Patna High Court CWJC No.4714 of 2024(2) dt.16-05-2024 2/3 space others and they are paying the rent to Nagar Parishad.

(iii) To hold the direction of this Hon'ble High Court earlier case directed the Collector to consulte a Committee for allotment of the shop and space and another and the respondent took occurrence.

(iv) To direct the respondent, forcibly not demolish the shops of the petitioners without following mandatory provision in earlier writ application filed by the shops keeper and first to provide shop/space to the petitioners is mandatory and released rent where the petitioners running their shops in the Subhash Market since last to 15 years.

(v) To restrain the respondent not to demolished the shops or direct the petitioners to vacate the same without following the mandatory provision order passed by Hon'ble High Court in Batch cases first to provide the shops in suitable space as per present the petitioners running the shops since last more than 40 years. So the respondent authority given space in same market.

(vi) To dispose of the representation filed by the petitioners after receiving the notice whereas the others

Patna High Court CWJC No.4714 of 2024(2) dt.16-05-2024 3/3 shopkeepers got privileged of allotment on the basis of the agreement and paying the rent and carrying their business in the same premises in the light of the order of Hon'ble High Court.

(vii) To follow the direction of the order of the Hon'ble High Court passed in CWJC No. 2013 2021 2024 10351/2021 disposed of on 11-02-2021 and other batch cases including the earlier order passed in CWJC No. 7346/1999 disposed of on 11-02-2000."

2.

At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U