IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC NO.480 OF 2007
1. SACHIDANAND SINGH LAKHUSARAI, SASARAM
2. AJAY SINGH, MANAS ROAD QUILA, SASARAM
3. SUNIL KUMAR, MANAS ROAD
4. KAMESHWAR SINGH, LASKARIGANJ
5. RAJENDRA SINGH, PAKHAURI, SHIVSASAGAR
6. DINESH PASWAN, BADKI PURWA, DARIGAON
7. BINOD KUMAR, BHARTIGANJ,SASARAM
8. BABAN SOUKAR, TAKIA BAZAAR,SASARAM
9. SHIV PRASAN SINGH, BARCHAWARON, PADRIYA,
ROHTAS
10. SUDASRSHAN SINGH, BHARTIGANJ, SASARAM
11. UMASHANKAR SINGH, MUADDIGANJ, SASARAM
12. RAJENDRA BIND, MAHARNIYA, MADARWAR,
DARIGAON
13. RAM NATH SINGH, BADAKIKAPURWA,DARIGAON
14. RAMSINGHASAN SINGH, BADAKI KA PURWA
15. MD SASHIMI, SHAHJAWA, SASARAM
16. BIRJU SINGH, BHARATIGANJ, SASARAM
17. BAJRANGI KUMARI, BHARATIGANJ
18. KRISHNA SINGH, LAKU SARAI
19. MANGAL SINGH, BADKIKAPPURWA,SASARAM
20. BIRENDRA SINGH, LAKHANUY SARAI
21. ASHOK SINGH, CHHOTAKI KARPARWA, SASARAM
22. SUDAMA SINGH, BADKI KARPURWA,SASARAM AND
23. ASHOK KUMAR, BHARTIGANJ, SASARAM.
VERSUS
1. THE STATE OF BIHAR
2. THE CHAIRMAN, MUNICIPAL CORPORATION,
SASARAM
3. THE CEO, MUNICIPAL CORPORATION, SASARAM.
4. THE ASSTT EXECUTIVE OFFICER, MUNICIPAL
CORPORATION
5. THE DISTRICT MAGISTRATE, ROHTAS.
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3. 08.07.2011. The petitioners submits that the respondents
vide Letter no. 1173 dated 15.11.2006 have decided to
take over the land situated at Sasaram from Rauja Road
to Katchari Petrol Pump and further to allot the shops to
the people by general auction after developing the said
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plot upon which the petitioners were doing their
business of selling vegetables and fruits.
The petitioners state that they are small time
vegetable vendors since more than 20 years and have
been selling fruits and vegetables on the sides of the
drain, spread from Rauja Road to Kutchery. They also
pay toll tax to the respondents. Grievance of the
petitioners is that the respondents are auctioning the said
place in stead of allotting it to them. The petitioners
submit that economically they are weak and cannot
compete with affluent bidders.
Respondents have filed counter affidavit. They
state that with a view to smoothen the traffic and
beautify the area around Shershah Tomb, Government
has carved out a scheme where the allotment would be
made through open auction. He further submits that
any person intending to get allotment in the proposed
space, would be given opportunity.
Nagar Parishad would be within its own right
to bring out scheme for settlement of space by auction.
The petitioners may approach respondent no.3 for giving
alternative space which may be considered
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sympathetically.
The writ petition stands disposed of.
Shashi. (Samarendra Pratap Singh, J.)