M.Katju, J. - (1.) THIS writ petition has been filed against the impugned order dated 22.8.98 Annexure -I to the writ petition passed by the Upper Mukhya Adhikari, Zila Panchayat, Ballia. The petitioner has also prayed that respondents may be directed not to dispossess him from the shop in question. The Zila Parishad, Ballia had constructed certain shops at Kunwar Singh Chauraha, Ballia for allotting the same to unemployed persons. The petitioner was allotted a shop and an agreement was executed by the Executive Officer vide Annexure -II to the writ petition.
(2.) THE Executive Officer sent notice to the petitioner dated 25.6.98 asking him to pay arrears of rent of Rs. 5,575/ - upto June, 1998 within a week otherwise the allotment will be cancelled. The photostat copy of the notice is Annexure -III to the writ petition. It is alleged in paragraph 4 of the writ petition that the actual amount payable by the petitioner till June, 1998 was only Rs. 5,000/ - and the petitioner deposited the same on 17.8.98 by receipt dated 17.8.98 vide Annexure -IV to the writ petition. Hence, it is alleged by the petitioner that he was not a defaulter in payment of rent. However the Upper Mukhya Adhikari, Ballia has sent notice to the petitioner dated 22 -8 -98 cancelling the petitioner's allotment for non -payment of the rent.
(3.) IT alleged that the petitioner contacted the Upper Mukhya Adhikari, Zila Panchayat, Ballia and showed the receipt of Rs. 5,000/ - paid by him in Zila Panchayat, Kshettra Samiti, Ballia dated 17.8.98 and requested for cancellation of the order dated 22.8.98. It is alleged that the Upper Mukhya Adhikari assured the petitioner that the order dated 22.8.98 was sent by mistake and that order will be cancelled. However, the respondents are bent upon dispossessing the petitioner from the shop in question by issuing recovery certificate. Hence, this writ petition.;