IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17878 of 2010 JITENDRA KUMAR YADAV, son of Banaras yadav, resident of village-Sisai Tola Bagahi, P.S. Goreyakothi, District- Siwan, at present residing at Mohalla- Mahadeva, Police Station, Siwan mufasil, District-Siwan… ….. Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Siwan 3. The District Board through its Chairman, Siwan 4. The Deputy Development Commissioner-cum- Executive Officer, District Board, Siwan 5. The District Engineer, District Board, Siwan 6. The Secretary, District Board, Siwan 7. Smt. Meera Giri, wife of Sri Dinesh Giri, resident of Mohalla- Malveeya Nagar, New Basti, Mahadewa, P.O. Siwan, P.S. Siwan Mufassil, District- Siwan…… …… Respondents. ----------- 2. 29.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. No one appears on behalf of the Zila Parishad, though the name of learned counsel appears in the daily cause list. The petitioner seeks a direction upon the District Board, Siwan to produce various records with respect to allotment of shop No.4 (1) to respondent No.7 and thereafter to quash the said allotment and direct the authorities to allot the said shop to the petitioner. Admitted facts, as per the writ petition, are that the petitioner made an application for allotment of shop at a particular place on 9.1.1998 and deposited a banker’s cheque for Rs.5,000/- in favour of the Secretary, District Board, Siwan under Self Finance Scheme. It appears - 2 - that the said application was referred to various authorities but no decision was taken. Thereafter, the District Board in July, 2002 came out with a general notice for settlement of several shops including the shop sought by the petitioner. Admittedly the petitioner did not apply against the said general notice. The petitioner claims to have filed several representations against the publication of the general notice also. Thereafter, he approached this Hon’ble Court by filing C.W.J.C.No.9236/2002, which was disposed of by order dated 9.1.2009 with liberty to the petitioner that if any step is taken detrimental to the interest of the petitioner, he may approach the Court afresh or the appropriate authority for redressal of his grievance. After disposal of the writ petition the petitioner filed an application before the District Board on 10.6.2010 and also sought certain copies under the R.T.I. Act when he learnt that the shop in question has been settled with one Smt. Meera Giri (respondent No.7). Learned counsel for the petitioner submits that the respondent authorities having accepted the amount of Rs.5,000/-, a right was created in - 3 - favour of the petitioner for allotment of the shop in question. It is also submitted by learned counsel for the petitioner that the respondent authorities had wrongly issued a general notice when his application for shop in question was pending before them. On a consideration of the entire matter this Court does not find any force in the submission of learned counsel for the petitioner. Evidently, the petitioner had applied on his own without any notice having been issued by the authorities for allotment of the shop in question. Moreover, when the authorities had come out with a general notice inviting tenders for allotment of the shops, the petitioner did not apply against the same. In that view of the matter, no right accrues in favour of the petitioner which he can pursue before this Court. The respondent authorities have rightly not acted ultimately on the so-called application of the petitioner with respect to a public property which must be dealt with in a fair and equitable manner protecting the rights of the members of the public. The - 4 - respondent authorities have also rightly issued a general notice for allotment of the shop in question and if the petitioner did not come forward pursuant to the said general notice, no cause of action accrues to him against the allotment of the shop in question in favour of respondent No.7. In view of the above, there being no merit in the writ petition, it is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )