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Patna High CourtCWJC/869/2024disposed

Md. Shahzad Ayub v. The State Of Bihar

2024-07-01Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.869 of 2024 ====================================================== Md. Shahzad Ayub Son of Late Md. Ayub Resident of Mohalla- Qazi Tola, Doodh Katora, P.S Arrah Town, P.O.- Arrah- 802301, District- Bhojpur (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principle Secretary, Urban Development and Housing Department, Bihar, Patna.

2.

The Collector, Bhojpur, Arrah.

3.

The Deputy Development Commissioner-cum- Chief Executive Officer, Bhojpur Zila Parishad, Arrah.

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

For the Petitioner/s :

Mr.Md Ataul Haque, Advocate For the State :

Ms. Divya Verma, AC to AAG-3 For Zila Parishad :

Mr. Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2024 Heard the parties.

2. The petitioner has prayed for the following reliefs: (i) a writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the respondent no.3 to construct the shop as proposed and approved by him;

(ii) a writ in the nature of Mandamus or any other appropriate writ order or direction commanding the respondent no.3 to hand over the

Patna High Court CWJC No.869 of 2024(2) dt.01-07-2024 2/3 shop allotted to the petitioner after constructing the shop at the place selected and approved by him;

(iii) any other writ order or direction to which the petitioner is deemed to be entitled.

3. It is unfortunate that poor citizen has to come this Court (after making payment as demanded) for providing the shop which was allotted to him under a lottery and subsequently vide an order/memo no. 571 dated 28.2.2022 issued under the signature of respondent no.3, the Deputy Development Commissioner-cum-Chief Executive Officer, Bhojpur Zila Parishad, Arrah (Annexure-P/1 to the petition).

4. A perusal of the said petition would show that on 21.2.2022, pursuant to the lottery, ten persons were allotted shops under category A, B, and C, the name of the petitioner is at serial no. 3.

5. Even prior to the said decision, a Demand Draft of Rs. 1,31,500/- was deposited by the petitioner in favour of respondent no.3 on 20.1.2022.

6. It is his contention that two and half years later, he is still running from pillar to post for the allotment of the said

Patna High Court CWJC No.869 of 2024(2) dt.01-07-2024 3/3 shop after submitting a petition vide 'Speed Post' on 12.10.2023 (Annexure-P/3), the writ petition.

7. Two copies of the writ petition were provided to the learned counsel for respondent no.3 in the month of January, 2024 but no counter affidavit is on record.

8. Instead of keeping the writ petition pending, it would be appropriate that the same is disposed of directing the respondent no.3 to immediately take steps, complete the construction of the shop allotted to the petitioner and hand it over by 31st of August, 2024 positively. Failure to do so, the petitioner will be entitled to 6% interest on the amount of Rs. 1,31,500/- from 1st of September,2024 till the shop is allotted to him. This order has been passed under the belief and/or the submission put forward by the learned counsel that till today, the shop has still not been allotted to him.

9. The writ petition stands disposed of.

(Rajiv Roy, J) Ravi/- U