IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13232 of 2008 SANJIV KUMAR SINGH, SON OF SHASHI BHUSHAN SINGH, RESIDENT OF VILLAGE KHARA BUDHMA, P.O. KHARA BUDHMA, P.S. KISHANGANJ, DISTRICT MADHEPURA. Versus 1. STATE OF BIHAR THROUGH DISTRICT MAGISTRATE, MADHEPURA. 2. DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, SAHARSA. ----------- 02. 09.12.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 28.9.2007 passed by the Zila Parishad, Saharsa bearing memo No.164-2 dated 31.7.2008 Annexure-1, whereunder the shop allotted to the petitioner has been cancelled and allotted in favour of Sri Binod Thakur. It appears from the impugned order that allotment made in favour of the petitioner was cancelled as he transferred the shop in question to Sri Binod Thakur and also failed to deposit the security amount of Rs.30,000/-. 3. It is submitted on behalf of the petitioner that he deposited Rs.26,000/- and prayed for extension of time to deposit the balance amount of Rs.4,000/- but such request was rejected and the allotment was made in favour of Sri Bonod Thakur forfeiting Rs.26,000/- deposited by the petitioner. 4. Having heard counsel for the parties, I am of the view that if the request of the petitioner for grant of extension of time to deposit the balance amount of Rs.4,000/- was rejected, he should have approached this Court at the appropriate time but now after passage of three years it may not be appropriate for this Court to disturb the - 2 - possession of Sri Binod Thakur over the shop in question. The writ petition is, accordingly, disposed of with direction to the authorities of the Zila Parishad to realize the full amount of security deposit for the shop in question from Sri Binod Thakur and to refund Rs.26,000/- to the petitioner. Rajesh/ (V.N. Sinha, J.)