- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of mandamus commanding upon the concerned respondents to handover shop No. 10 constructed at Mangla Hat, Chaibasa, which was allotted to the petitioner after payment of consideration money and as per agreement executed by the Kolhan Superintendent, Singhbhum (West), Chaibasa respondent no. 5.
(2.) THE main contention raised by the petitioner is that even though the allotment was made in the year 2000 and consideration money has already been paid for shop No. 10 but till date possession has not been given to the petitioner. The respondents, in their counter affidavit at paras -6 and 7, specifically admitted the aforesaid facts and the same are quoted as under: - "That it is further stated and submitted that against the order dated 24.9.2003 passed by Deputy Commissioner, West Singhbhum, Chaibasa, the petitioner filed W.P.(C) No. 1675 of 2004 in which the counter affidavit has been filed by the Deputy Commissioner, West Singhbhum at Chaibasa and the Kolhan Superintendent, Chaibasa vide oath no. 12534 dated 28.10.2004. That it is further stated and submitted that vide memo no. 231 dated 26.7.2000 the petitioner was allotted a shop room no. 10 of Mangla Hat, Chaibasa on certain terms and conditions and pursuant thereto he had deposited Rs. 7500.00 on 10.8.2000."
(3.) IT is very strange that the respondents, who have admitted the entire case of the petitioner on affidavit, are not able to handover the shop in question as per their own commitment even after receiving consideration money from the petitioner.;