Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the following direction has been sought for: (i) To direct the respondents to reallot the shop no.A7 situated at Bazar Tand, district Khunti in favour of the petitioner since the same was allotted in his favour on 29.03.1990 and the petitioner was making payment of regular monthly rent to the Agriculture Produce Market Committee, Khunti. (ii) To direct the respondents to give possession of the shop no.A7 to the petitioner as he has been illegally evicted from the said shop. (iii) For cancellation of allotment of shop no.A7 of Gupta Stores made in favour of one Pappu Kumar Gupta-respondent no.5.
(2.) The brief facts of the case, as per the pleading made in the writ petition is that a shop being Shop no.A7 was allotted in favour of the petitioner by the order of the Secretary, Agriculture and Market Committee, Khunti vide letter dated 29.03.1990 for a monthly rent of Rs.200 which has been paid by the petitioner regularly. The competent authority has issued a licence to operate as a trader vide Licence no.8/2014-15 which was operating till 31.03.2015 subject to renewal but without any fault on the part of the petitioner a show cause Notice was issued and served upon him dated 01.11.2014 asking the petitioner to explain as to why his allotment of shop be not cancelled on the ground that the same has been subletted to other person. The petitioner has given reply on 05.11.2014 wherein the allegation about subletting the shop has been disputed.
(3.) The grievance of the petitioner is that no decision has been taken in terms of the aforesaid show cause and the petitioner has been evicted forcibly and subsequently the shop in question has been allotted in favour of the respondent no.5 vide order dated 02.09.2015. The contention of the learned counsel for the petitioner that when the petitioner has forcibly been evicted during subsistence period of the licence to operate his trade in the shop in question and the same even though has been utilized for the trading purpose in pursuance to the licence issued in this regard on the false allegation of subletting the same in favour of others, there is forcefully eviction while on the other hand no decision has been taken on the said show cause which is nothing but only to accommodate the respondent no.5 and as such the entire action of the respondent authorities is arbitrary and improper.;