Vijay Prakash v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1781 of 2019 ====================================================== Vijay Prakash, son of late Buchan Sah, Resident of Village and P.O and P.S. Tilauthu, Distt. Rohtas ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Deputy Development Commisisoner Cum Chief Executive Officer, District Counsel Rohtas

3. The President, District Zila Parishad, Rohtas

4. The Vice President, District Zila Parishad, Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Respondent/s :

Mr. Rakesh Kumar Ranjan, AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned counsel representing the State. No one appears on behalf of the Zila Parishad, Rohtas.

In the nature of the grievance of the petitioner, this writ application is being disposed off at this stage itself. The petitioner claims that he had been allotted a shop bearing no.3 on lease after accepting a total amount of Rs.1,09,330/- by Trimuhani Zila Parishad, Rohtas. He has brought on record Annexure-1 which is said to be a letter of allotment in favour of the petitioner on certain conditions. Learned counsel for the petitioner submits that though the allotment was made in favour of the petitioner, but possession of the shop was never handed over to him. In this

Patna High Court CWJC No.1781 of 2019(2) dt.14-02-2019 2/2 regard, he is said to have submitted his representation as contained in Annexure-3 to the writ application with the Chairman, Zila Parishad, Sasaram (Rohtas).

At this stage, this Court would, without going into the merits of the case, direct the Chairman, Zila Parishad, Sasaram (Rohtas) to look into the grievance of the petitioner, as contained in Annexure-3 to the writ application, examine the same and if it is found to be correct, the necessary steps towards refund of his money with adequate and reasonable rate of interest will be allowed and paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order.

It is, however, once again made clear that this Court has not entered into the merit of the contentions and the Chairman, Zila Parishad would take an independent view based on his own finding on examination of the record. (Rajeev Ranjan Prasad, J) arvind/- U