ORDER
N.N. Tiwari, J.
1. In this writ petition, the petitioner has prayed for quashing the General Notice published in daily newspaper “Prabhat Khabar” and its Jamshedpur Edition dated 3rd December, 1998, contained in Annexure-9, whereby the persons of Gudri Bazar, including the members of the petitioner-association, were informed to remove the encroachment by 5th December, 1998 failing which the encroachment were to be removed forcibly making the persons liable for the cost.
2. This case was finally heard and decided by order dated 7th September, 1999, whereby the impugned notice was set aside and the respondents were directed not to demolish the structures forcibly, which were in occupation of the members of the petitioner-association. Cost of Rs. 5,000/- (rupees five thousand) was also imposed.
3. The Market Committee, Chaibasa claimed to be an interested party, but it was not made party in the writ petition. Aggrieved by the said order, the Market Committee, Chaibasa filed a petition for review, being Civil Review No. 34 of 2001, but the same was also rejected. The said Market Committee, thereafter, filed Letters Patent Appeal, being L.P.A. No. 26 of 2001. The said appeal was disposed of by order dated 15th March, 2001 allowing the Market Committee to intervene in the matter and the writ petition was remitted to the learned single Judge after recalling the order dated 7th September, 1999. Thus, this writ petition has been placed before this Court.
4. Earlier several orders were passed. By order dated 16th September, 2003, this Court had directed the Marketing Board to furnish the modalities to which the Board will ensure preference in relation to the allotment to all those members of the petitioner-association, who have been occupying and holding the shops for more than 10-15 years of time.
5. Again by order dated 21st June, 2006, this Court after considering the rival contentions and submissions directed the petitioner-association to place the grievance of each individual member with the supporting documents before the Deputy Commissioner, West Singhbhum, respondent No. 2, within a period of four weeks and on getting such representation, the Deputy Commissioner, West Singhbhum was directed to fix a date with the sufficient notice and knowledge to the petitioner-association and hear and consider the claim of each aggrieved member individually and pass reasoned order, allowing or rejecting the claim of the individual member by 31st August, 2006.
6. It has been submitted by learned Counsel for the petitioner-association that they approached by Deputy Commissioner by filing representation, but the Deputy Commissioner denied to receive any such application in affidavit filed before this Hon’ble Court. In view of such disputed position, this Court cannot inter into such controversy in its Writ jurisdiction.
7. Mr.P. Singh, learned senior counsel, appearing on behalf of the Market Committee submitted that the Sub-Divisional Officer, Chakradharpur, who is the Chairman of the Market Committee, can scrutinize the individual claim(s) of the members of the petitioner-association and pass appropriate order. It has been submitted on behalf of the Marketing Board that they had already assured to provide accommodation to the genuine shopkeepers, who are members of the petitioner-association and once the genuineness is identified, there is no difficulty in allotting the shop or making, accommodation for them.
8. Mr. S. Srivastava, learned Counsel, appearing on behalf of the petitioner submitted that the members of the petitioner-association are ready to individually produce the documents showing their genuineness and that they shall file their respective documents in support of their claims.
9. In view of the above, this writ petition is disposed of giving liberty to the members of the petitioner-association to approach and submit their documents and claims individually before the Sub-Divisional Officer, Chakradharpur, who is the Chairman of the Market Committee, within a period of six weeks from the date of receipt of a copy of this order. The said authority on receipt of the claims shall consider the same, after giving proper opportunity of representation and hearing to the members of the petitioner-association, and pass appropriate order within a period of three months thereafter, and prepare final list of the genuine members of the Market Committee, which according to learned Counsel for the petitioner are 188.
10. If the claim of one or the other members of the petitioner-association is not accepted by the Sub-Divisional Officer. Chakradharpur, he shall pass a reasoned order in writing and communicate the same to the petitioner within a period of one month thereafter.
LA. No. 2335 of 2006:
As the writ petition has been finally heard and disposed of today, this interlocutory application also stands disposed of in terms of the order passed in the writ petition.