AMARESHWAR SAHAY, J. - (1.) THE two writ petitioners have challenged the order dated 30.1.1999, contained in Annexure -15 to this writ application, passed by the Managing Director, Bihar State Agriculture Marketing . Board, Patna, whereby the shops, which were allotted to the petitioners, i.e. shop nos. N41 and N42 respectively by Agriculture Produce Market Committee. Parsudih, Jamshedpur has been cancelled.
(2.) THE facts which are not in dispute are that a notice was published in the newspaper by the Agriculture Produce Market Committee, Jamshedpur, calling for applications from the intending allottees by 22.5.1992 for allotment of shops 'of three different sizes, i.e. 15' x 12'. 8' x 12' and 10' x 12' under selt -finance construction scheme in Parsudih Market at Jamshedpur. Alongwith the applications a bank draft of the amount of 30% of the estimated cost mentioned in the notice was also to be attached. It was specifically mentioned in the notice that preference in allotment would be given to those persons, who were displaced in course of removal of encroachment drive. The petitioners also applied alongwith the "requisite bank draft for allotment of shop of the size 15' x 2'. The estimated cost of which was Rs. 37.800/ -. Alongwith the application for allotment the petitioners stated that they were Interested to take allotment of snops situated in the ground floor only and if they can be allotted the shops in the ground floor only then the money may be accepted. The applications and. Bank Draft submitted by the petitioners were accepted and, thereafter, the petitioners time to time deposited the money as demanded by the respondents for the allotment of the shops, which were being constructed. It is not disputed that among the total number of applications, 86 applications were of displaced persons. Altogether 188 shops were constructed, i.e. 94 shops in the ground floor and 94 shops on the first floor. The petitioners were offered allotment of the shops on the first floor to which they raised their objections by stating that at the initial stage itself alongwith the applications they had put a condition that only if they are allotted the shops in the ground floor then they would accept otherwise the bank draft submitted by them may not be accepted. On this plea, the petitioners requested to allot them the shops situated on the ground floor.
(3.) THE request of the petitioners for allotment of the shops in the ground floor was placed before the Agriculture Produce Market Committee, Jamshedpur. The meeting of the Committee was held on 10.1.1997 and it considered the request of the petitioners and then it was decided that these two petitioners be allotted a place 15' x 12' each in the godown premises, which was laying vacant, after getting the same duly repaired. The decision of the committee was communicated to the Assistant Engineer, Bihar State Agriculture Produce Market Board, Jamshedpur with a copy to the petitioners. Accordingly, necessary repairs and constructions were made in the said godown of the market area and, thereafter, two shops namely N41 and N42 were allotted to the petitioners and a communication to this effect was sent to them by letter dated 25.8.1998 contained in Annexure -7 to this writ application. Consequent thereto these two petitioners were asked to execute agreement, which was executed by these two petitioners vide Annexure -8 and 8/1 to the writ application. After the agreement the petitioners took possession of the shops in question. After the execution of the agreement and handing over the possession of the aioresaid two shops, i.e. A/41 and A/42, to the petitioners, a writ application was filed before this Court being C.W.J.C. No. 1951 of 1998(R) by Parsudih Shopkeepers Association, Jamshedpur challenging the allotment of the shops to the petitioners and for a direction for cancellation of allotment of the said two shops in favour of these two petitioners. Though these two writ petitioners were not made parties in the said writ petition but as it appears from Annexure -16, i.e. the order passed by this Court in the aforesaid writ petition on 25.8.1998 that the said writ petition was disposed of in view of the fact that the writ petitioners, i.e. Parsudih Shopkeepers Association had already represented the matter before the Bihar Agriculture Produce Marketing Board for the same relief and, as such, without going into the controversy, raised in the writ petition, the writ petition was disposed of by directing the Marketing Board to decide the representation filed by the said writ petitioners in accordance with law preferably within a period of two months.;