KULDEEP SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Art. 226 of the Constitution of India for a direction upon the respondents to allot same size of shops which the petitioners were occupying before the construction & demolition work done by the Tourism Department for beautification of Rajrappa Mandir as after completion of the construction work, shops have been allotted to the petitioners but much smaller in size than before.

(2.) The respondents have filed counter affidavit wherein it has been stated that the petitioner has approached to this Court by filing a writ petition being W.P.(C) No.4658 of 2014 and in course of its pendency, the shop has been allotted in favour of the petitioners in the vicinity of the Rajrappa Mandir and therefore, the grievance as has been ventilated by the petitioner has been rendered to be infructuous, however, reserving liberty to the petitioner to pursue with respect to the issue pertaining to rent and size of the shops before the competent authority, therefore, instant writ petition is not maintainable since the aforesaid writ petition has been rendered to be infructuous and no fresh ground has been agitated in this writ petition.

(3.) Having heard the learned counsel for the parties and going across the pleadings made in the writ petition as also the counter affidavit, it is evident that the petitioner has approached to this Court on earlier occasion by way of writ petition being W.P.(C) No.4658 of 2014 agitating the issues related to allotment of a shop since they are the displaced persons in lieu of the land taken by the State authority for beautification of the Rajrappa Mandir.