S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioners against the order dated 19th April, 2005 issued by the 10th respondent, whereby and where -under, they have been informed that the recommendations, earlier made by the committee in their favour for allotment of shops having become stale, it is not possible to allot the shops in their favour.
(2.) DURING pendency of the writ petition, a notice inviting applications for allotment of the shops, in question, having been issued, the petitioners have also prayed to stay the auction. It appears that the respondent M/s. Bharat Coking Coal limited constructed the shops/kiosks in different Market Complex of Bhuli Township Area, Dhanbad and invited applications for allotment of shops in the year 1990. The petitioners also applied along with others and performed all the formalities. In spite of recommendation of the Committee in favour of the petitioners some other shops were allotted to different persons and not to the petitioners. Though some of the shops remained vacant, they were also not allotted in favour of the petitioners. Faced with such situation, the petitioners moved before this Court in C.W.J.C. No. 3276 of 1998 (R), wherein this Court having heard the parties, passed the following orders on 29th September, 1999 : Having regard to the aforesaid facts in my opinion the case of the petitioners should be taken by the respondents in preference to the new applicants, if petitioners are ready to comply all the terms and conditions fixed by the respondents for the allotment of shops. With this observation and direction the writ application is disposed of.
(3.) IN spite of the aforesaid order, the respondents sat tight over the matter. Facing such situation, again the petitioners had to prefer a writ petition being W.P.(C) No. 5809 of 2002, which was disposed of by this Court on 6th April, 2004 with the following observations and directions : In the light of the pleadings of the parties, I direct the respondents to take a final decision for allotment of the shops in question as expeditiously as possible preferably within a period of four months for the date of receipts of this order after considering the case of the petitioner along with the others. With the aforesaid direction this writ petition is accordingly disposed of.;