IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.984 OF 2007 WITH 1. SHAILENDRA KUMAR DEVI BHAWAN, DHARMASALA ROAD, RAJGIR, POST OFFICE AND POLICE STATION RAJGIR, NALANDA 2. PRADEEP MALAKAR, MALITOLA BARI KACHAHARIA RAJGIR, POST OFFICE AND POLICE STATION RAJGIR, DISTRICT NALANDA. CIVIL WRIT JURISDICTION CASE NO.985 OF 2007 BIRENDRA UPADHYAY, UPADHYAY TOLA RAJGIR, POST OFFICE AND POLICE STATION RAJGIR, NALANDA. VERSUS 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE CUM COLLECTOR NALANDA 3. SUB DIVISIONAL OFFICER RAJGIR 4. EXECUTIVE OFFICER, NAGAR PANCHAYAT RAJGIR 5. SECRETARY PANDA SAMITI RAJGIR 6. CHAIRMAN, PANDA SAMITI RAJGIR, OFFICE IN THE BRAHAMKUND PREMISES, NALANDA. (IN BOTH CASES) ---------------------------------- 3. 18-08-2011. Petitioners have prayed for quashing letter contained in memo no. 06 dated 8.1.2007, by which shops allotted to them vide letter dated 5.8.2006 have been cancelled by the Sub Divisional Officer, Rajgir, Nalanda. The petitioners submit that the settlement of shops made in their favour has been cancelled without any valid reason. Learned counsel for the State submits that the aforesaid settlement was made till 31.3.2007 and before expiry of period settlement has been cancelled on 8.1.2007. There cannot be any dispute to the proposition that once settlement is made, it cannot be cancelled 2 without providing opportunity of hearing to the affected parties. Generally in such circumstances, I could have quashed the impugned order, but as the period of settlement felt short by only a few months, and now more than four years have passed by, I do not intend to interfere with the impugned order. The petitioners submit that settlement fee is lying with the respondents since last five years, and seek permission to make representation before the Sub- divisional officer, Rajgir for taking part in fresh settlement. In the facts and circumstances of the case, I observe that if the petitioners file representation before the Sub-divisional officer, Rajgir, he would consider the representation for fresh settlement in accordance with law. The writ petitions are thus disposed of. Shashi. (Samarendra Pratap Singh, J.)