N.N. Tiwari, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the General Notice published in daily newspaper "Prabhat Khabar" and its Jamshedpur Edition dated 3rd December, 1998, contained in Annexure -9, whereby the persons of Gudri Bazar, including the members of the petitioner -association, were informed to remove the encroachment by 5th December, 1998 failing which the encroachment were to be removed forcibly making the persons liable for the cost.
(2.) THIS case was finally heard and decided by order dated 7th September, 1999, whereby the impugned notice was set aside and the respondents were directed not to demolish the structures forcibly, which were in occupation of the members of the petitioner -association. Cost of Rs. 5,000/ - (rupees five thousand) was also imposed. The Market Committee, Chaibasa claimed to be an interested party, but it was not made party in the writ petition. Aggrieved by the said order, the Market Committee, Chaibasa filed a petition for review, being Civil Review No. 34 of 2001, but the same was also rejected. The said Market Committee, thereafter, filed Letters Patent Appeal, being L.P.A. No. 26 of 2001. The said appeal was disposed of by order dated 15th March, 2001 allowing the Market Committee to intervene in the matter and the writ petition was remitted to the learned single Judge after recalling the order dated 7th September, 1999. Thus, this writ petition has been placed before this Court.
(3.) EARLIER several orders were passed. By order dated 16th September, 2003, this Court had directed the Marketing Board to furnish the modalities to which the Board will ensure preference in relation to the allotment to all those members of the petitioner -association, who have been occupying and holding the shops for more than 10 -15 years of time.;