APARESH KUMAR SINGH, J. - (1.)
(2.) HEARD learned counsel for the parties. The petitioner is challenging the issuance of notice contained at Annexure -8 dated 15th March, 2007, whereby he has been directed to make deposit amount of Rs. 69,223/ - on account of arrear of rent up to February, 2007. Learned counsel for the petitioner while drawing attention to this Court to Annexures: 1 & 2 i.e. the orders passed in C.W.J.C. No. 1548 of 2001 and L.P.A. No. 394 of 2001, in the case of the petitioner itself intends to submit that pursuant to the aforesaid orders the petitioner is regularly paying the rent. However, learned counsel for the petitioner also relied upon a judgment passed by this Court in W.P. (C) No. 6612 of 2004 dated 11th May, 2012 wherein it is submitted, that in similar circumstances this Court had directed the Respondents -Corporation (now Transport Department of the State of Jharkhand) to take a decision in relation to the allotment/settlement of shop and determination of rent by the Committee constituted by the Transport Department. It is submitted that the case of the petitioner stands on similar footing as he has been occupying in the said shop and paying rent regularly.
(3.) LEARNED counsel for the respondents, on the other hand, by referring to a judgment passed in L.P.A. No. 879 of 2003 dated 18th October, 2011, in case of such allottees of the Respondents -Corporation (now Transport Department of the State of Jharkhand), submitted that the judgments referred to by the petitioner contained in Annexures: 1 & 2, have been taken into account by the Division Bench by directing the Respondent -Transport Department to take a decision in respect of fixation of reasonable and fair rent of such shops in respect of persons, who are already under allotment or also in cases where shops are open for re -allotment.;