IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6789 of 2009
SMT.NEELAM DEVI @NEELAM KUMARI .
Versus
THE STATE OF BIHAR & ORS .
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3. 6.12.2010 Heard learned counsel for the petitioners
and the State.
The petitioners is aggrieved by the order
dated 15.6.2009 directing her to vacate the premises
in question, issued by the Deputy Development
Commissioner-cum-Chief Executive Officer, District
Rural Development Agency, Aurangabad.
It is submitted that the petitioners were
allotted a shop by the District Rural Development
Agency agreement for which was being renewed every
year. They have made certain investments in the
shops and the settlement made in their favour were
continuously being renewed till the issuance of the
impugned order.
One and a half years from the date of
institution of the writ application has not been
considered sufficient by the respondents to file
counter affidavit despite adjournment granted for the
purpose also.
In the facts and circumstances of the case,
this Court directs the notice to vacate dated 21.5.2009
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to be treated as a show cause notice.
Let the petitioners file their response to the
same within a maximum period of 30 days from today
along with a copy of the present order. The
respondents are expected to consider the grievance of
the petitioner in accordance with law and dispose it off
by a reasoned and speaking within a maximum period
of three months from the date of receipt/presentation
of such reply to the show cause notice.
In view of the interim order passed on
2.6.2009 by the Court, let the respondents not take
any coercive action in the matter so as to frustrate the
present order till such time that they do not pass the
fresh reasoned and speaking order.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)