High Court Patna High Court - Orders

Sachidanand Singh & Ors vs The State Of Bihar & Ors on 8 July, 2011

Patna High Court – Orders
Sachidanand Singh & Ors vs The State Of Bihar & Ors on 8 July, 2011
                              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.
                                               -----------

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.)