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2020 DIGILAW 276 (JHR)

Shankar Prasad Chourasiya @ Shanker Prasad v. State Of Jharkhand

2020-02-11

SANJAY KUMAR DWIVEDI

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JUDGMENT 1. Mr. Shailesh Kumar Sinha, the learned counsel appears for the petitioners, Mr. Navneet Toppo, the learned counsel appears for respondent no.4 and Mr. Rakesh Kumar Roy, the learned counsel appears for the respondent State. 2. The petitioners have preferred this writ petition for a direction upon the District authority against the order dated 17.03.2015 by which the shop and gumti of the petitioners has been demolished. 3. Mr. Shailesh Kumar Sinha, the learned counsel appearing for the petitioners submits that they represented before the Deputy Commission, Dhanbad on 21.04.2015 regarding allotment of shops but till date no action has been taken by the respondents. He further submits that the shop in question was allotted to the petitioner pursuant to the security money deposited by the petitioners which was in terms of Rs.5,000/- as security and Rs.600/- as advance for three months but the fruit of that has not come in favour of the petitioners. 4. A counter affidavit has been filed on behalf of the respondent nos.1 to 3 and 5 wherein in paragraph no.7 it is stated that all those matters shall be considered and decided according to the merit in the said proceeding being conducted under the BPLE Act and as such the Honble Court may not interfere in the matter of issuance of show cause notice to the petitioners. It has been also stated that the petitioners have got other remedy by filing appeal before the appellate court of Deputy Commissioner, Dhanbad. 5. In view of the said statement made in the said counter affidavit, the writ petition is disposed of with liberty to the petitioners to avail alternative remedy by way of filing appeal before the appellate authority. 6. The writ petition being W.P.(C) No.2350 of 2015 stands disposed of.