IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1056 of 2002 MOST.BHAGMANI DEVI Versus THE STATE OF BIHAR & ORS ----------- 4. 10.4.2009 Heard counsel for the petitioner and the counsel for Buxar Municipality as also the State of Bihar. For the reasons mentioned in I.A.No. 3284/2007 the same is allowed and the name of the sole petitioner is directed to be deleted for its being substituted by her two sons as named in paragraph 2 of this interlocutory application. Let the office make necessary correction. Coming to the merits of the case, this Court would find that Buxar Municipality had categorized the shops into three classes and admittedly the original writ petitioner had confined her case for allotment to one of the category for which a deposit of Rs. 10,000/- only was made by her. Obviously the original petitioner could not have been either given lower category of the shops of Rs. 7500/- or even the higher category of the shops of Rs. 15,000/-. Counsel for the petitioner with 2 reference to the stand taken in the counter affidavit also does not dispute this position that the petitioners would be satisfied if they are allotted a shop of Rs.10,000/- category and they would vacate the shop no. 46 which a shop of category of Rs. 15000/-. Counsel for Buxar Municipality also does not have any difficulty in accepting the aforesaid offer of the petitioners and submits that the petitioners will be given a shop No.32 which is already vacant and is in the category of shops of Rs.10,000/-, originally applied by the petitioner. In that view of the matter, Buxar Municipality is directed to give possession of shop no.32 to the petitioners within a period of one month from the date of receipt/ production of a copy of this order, whereafter the petitioners will vacate shop no. 46 in next 15 days. It is, however, made clear that if do not pay rent for the period of occupation of shop no. 46 in a period of next two months of being allotted of shop no. 32, the Municipality shall be at liberty to take an 3 appropriate action in accordance with law against the petitioners including cancellation of allotment of shop no. 32 and also eviction of the petitioners from any of the shop in their possession including shop no. 46 for eviction of the petitioners. With the aforementioned observation/direction this application stands disposed of. (Mihir Kumar Jha,J.) Surendra/