- (1.) HEARD the counsel for the parties.
(2.) THE writ petition has been filed for restraining the respondents from auctioning the respective shops alloted to petitioners at Simdega Market Complex, which was provided to them after completion of all required formalities, since the respondents are adopting pick and choose police without taking into consideration the observation made by this court in W.P.C. No. 4859 of 2004 dated 7.7.2006 The respondents, on the other hand have appeared and filed their counter affidavit, wherein it has been stated that petitioners were found indulged in subletting their shops and the subtenants have approached the respondents for allotment of the shops in question. It is further stated that in earlier writ petition being W.P.C. no. 4859 of 2004 in the case of Abdul Kalam Vrs. State of Jharkhand and others this court while dealing with that case of shop no. 135 situated in the market complex, Simdega was pleased to direct the respondent in following terms:- "The Sub Divisional Magistrate is directed to personally make an inquiry and issue notices to all those persons who have been running the shops either on the basis of the sub-leasee or on the basis of purchaser. All those persons who are illegal occupying the shops and running the business shall be noticed to show cause and after giving reasonable opportunity of hearing, get the shops vacated to be re- allotted to the needy persons including the persons who shall be evicted. This exercise must be completed with a period of six months from today". In obedience of the said order notices were issued to these persons and other allottees as they were found indulged in subletting the shops in question and after proper notice and show cause filed by the allottees, the impugned order was passed evicting those persons and the shops were vacated and sealed on 4.10.2006. It is further been stated that the process of fresh allotment of shops to the needy person has been initiated and published in the daily newspaper.
(3.) NO rejoinder to the said counter affidavit has been filed by the petitioners nor the aforesaid contention of the respondents have been denied. It has been submitted on behalf of the petitioners that in view of the order dated 7.7.2006 passed by this court in W.P.C. No. 4859 of 2004, the respondents should consider the case of the petitioners also who have been evicted taking into account that they are are also needy persons.;