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2005 DIGILAW 876 (JHR)

Kablu Kumar Dutta v. Bharat Coking Coal Ltd.

2005-12-21

SUDHANSU JYOTI MUKHOPADHAYA

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ORDER S.J. Mukhopadhaya, J. 1. This writ petition has been preferred by the petitioners against the order dated 19th April, 2005 issued by the 10th respondent, whereby and where-under, they have been informed that the recommendations, earlier made by the committee in their favour for allotment of shops having become stale, it is not possible to allot the shops in their favour. 2. During pendency of the writ petition, a notice inviting applications for allotment of the shops, in question, having been issued, the petitioners have also prayed to stay the auction. 3. It appears that the respondent M/s. Bharat Coking Coal limited constructed the shops/kiosks in different Market Complex of Bhuli Township Area, Dhanbad and invited applications for allotment of shops in the year 1990. The petitioners also applied along with others and performed all the formalities. In spite of recommendation of the Committee in favour of the petitioners some other shops were allotted to different persons and not to the petitioners. Though some of the shops remained vacant, they were also not allotted in favour of the petitioners. Faced with such situation, the petitioners moved before this Court in C.W.J.C. No. 3276 of 1998 (R), wherein this Court having heard the parties, passed the following orders on 29th September, 1999 : Having regard to the aforesaid facts in my opinion the case of the petitioners should be taken by the respondents in preference to the new applicants, if petitioners are ready to comply all the terms and conditions fixed by the respondents for the allotment of shops. With this observation and direction the writ application is disposed of. 4. In spite of the aforesaid order, the respondents sat tight over the matter. Facing such situation, again the petitioners had to prefer a writ petition being W.P.(C) No. 5809 of 2002, which was disposed of by this Court on 6th April, 2004 with the following observations and directions : In the light of the pleadings of the parties, I direct the respondents to take a final decision for allotment of the shops in question as expeditiously as possible preferably within a period of four months for the date of receipts of this order after considering the case of the petitioner along with the others. With the aforesaid direction this writ petition is accordingly disposed of. 5. With the aforesaid direction this writ petition is accordingly disposed of. 5. Now the respondents have rejected the claim only on the ground that the recommendation of Committee for allotment of the shops in favour of the petitioners has become stale. Same plea has been taken by the respondents in their counter affidavit. 6. The case was taken up by a Bench of this Court on 18th November, 2005 when the following observation was made : Prima facie, the impugned order passed by the Area Manager, (DTA) amounts to flouting the order dated 6.4.2005 passed by this Court in W.P.(C) No. 5809 of 2002. Mr. Ananda Sen learned Counsel appearing for the respondents seeks time to take instruction in the matter. Put up this case after four weeks. 7. This Court is fully in agreement with the aforesaid observations, made by this Court. On merits, the case having been decided for considering the case of the petitioners, it was not open to the respondents to reject their claim on the ground that the recommendation has become stale. In spite of two different orders passed by this Court, in fact, the action on part of the authorities may be termed to be contemptuous. 8. In the facts and circumstances of the case and there being no option, the impugned order dated 19th April, 2005 passed by the Area Manager, Bhuli Town Administration, Bharat Coking Coal Limited, Dhanbad is set aside with a direction to the respondents to take steps for allotment of the shops in favour of the petitioners and only thereafter, to proceed with the auction with regard to rest of the shops. 9. It will be open to the respondents to fix the rent Of the shops as per the present market rent and to make requisitions from the petitioners for depositing rest of amount, if payable. In such case, if any requisition is made by the respondents from one or other petitioner for depositing any amount, such petitioner(s) will deposit the same within a week from the date of such requisition, failing which it will be open to the authority to auction such shops. 10. This writ petition is accordingly, allowed with the aforesaid observations and directions.