IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14340 of 2003 04. 09.01.2009 Santosh Kumar son of late Ram Bilash Prasad, resident of village – Block Colony, Aurangabad, P.S. Aurangabad, District – Aurangabad --------------- Petitioner Versus 1. The State of Bihar. 2. The District Magistrate cum Collector, Aurangabad. 3. Budhdeo Pathak son of late Ishwar Nand Pathak, resident of village – Harsauli, P.S. & District – Aurangabad. 4. Ram Bilash Singh son of late Vidyadhar Singh, resident of village – Chatra, P.S. & District – Aurangabad. 5. Mahindra Sharma son of Awadh Bihari Sharma, resident of village – Pauther, P.S. Pauther, District – Aurangabad. 6. Basant Narain Sinha son of late Badri Lal, resident of village – Thakurbari Road, Shalpar, P S & District – Aurangabad. 7. The Judge-in-charge, District Judgeship, Aurangabad. --------------- Respondents It is not disputed that the father of the petitioner was one of the persons with whom settlement of one of the shops at Aurangabad District Court had been made. After the death of father the present petitioner continued to run the shop but based on a communication and decision on the administrative side of the High Court dated 4.1.2002 the total number of shops which were permitted to run in the campus of Civil Court at Aurangabad was reduced to 9. - 2 - Based on the same, communication (annexure-1) dated 21.3.2002 came to be issued and the petitioner came to be eliminated due to reduction in the number of shops. Petitioner, therefore, approached the High Court by way of the present writ application raising discrimination in the matter. After having heard learned counsel for the petitioner and counsel for the respondents this Court does not want to exercise his discretion in the matter. However, if there is any change in the circumstances and the number of shops which are now available for settlement the petitioner has liberty to persuade the concerned authorities to consider his case if he otherwise fulfils the requirement as it exits now. The writ application is disposed of with the above liberty. rkp (Ajay Kumar Tripathi, J)