IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9870 of 2005 M/S Vikash And Company, through the petitioner Ram Prabesh Prasad, son of Sri Chandradeo Prasad, Ram Raj Chowk, Singhia Basti, Gulab Bag, Ward No. 30., District, Purnea. … Petittioner. Versus 1. The Agriculture Marketing Board through its Managing Director, Bailey Road, Pant Bhawan, Patna-1. 2. The Agriculture Produce Marketing Committee through its Secretary, Gulab Bag, Purnea. 3. The Market Secretary, The Agriculture Produce Marketing Committee, Gulab-Bag, Purnea. 4. The Sub-divisional Officer-Cum-Special Officer, Agriculture Produce, Marketing Committee, Gulab-Bag, Purnea. …Respondents. ----------- 03 21.07.2011 Heard learned counsel appearing for the petitioner and learned counsel for the State. 2. Learned counsel for the petitioner seeks permission to add the Sub-divisional-Cum-Special Officer, Bihar, Agricultural Produce Marketing Committee, Gulab-Bag, Purnea as Respondent no. 4. He is permitted to do so. 3. Although, six years have elapsed, since the filing of this writ petition and after serving copies thereof upon learned counsel for the respondents but no counter affidavit has been filed till date nor learned counsel for the respondents is present in Court, although his name is appearing on the daily cause list. 4. This writ petition has been filed by the petitioner challenging letter dated 18.06.2005 (Annexure-5) by which the Marketing Secretary, Bihar Agriculture Produce Market Committee, Gulabbag, Purnea (Respondent no.3) has cancelled 2 the allotment of Shop-Cum-Godown no. 1, in favour of the petitioner as per the agreement between the parties, mainly on the ground that the allotment was made in anticipation of recommendation from the allotment committee but no such recommendation has come as no meeting has been held by the allotment Committee. 5. From the materials on record, it is quite apparent that the allotment Committee has not passed any resolution against the petitioner for which no reason is assigned and hence only due to the inaction of the allotment committee the petitioner cannot be legally punished as there is no other allegation against him. 6. In the said circumstances, the writ petition is disposed off with a direction to the petitioner to approach the Sub-Divisional Officer, Gulabbag, Purnea (Respondent no. 4) within 15 days from today along with a copy of this order and if the petitioner is continuing in possession of the Shop/ Godown in question, he will be allowed to continue in possession, ir- respective of the impugned order passed against him after receiving the entire rent due for the said shop/godown from the petitioner who shall pay the same without fail within two months thereafter. Kamlesh (S.N. Hussain, J.)