IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1163 of 2010 1. Balram Prasad Gupta S/O Late Jai Narain Gupta R/O Manihari, P.S. Manihari, Distt.- Katihar Versus 1. The Chief Executive Officer, Zila Parishad Katihar 2. The Deputy Chief Executive Officer, Zila Parisad, Katihar 3. The District Engineer, Zila Parisad, Katihar ----------- 5 01.08.2011 Mr. K.B. Nath, learned counsel for the respondent- Zila Parishad produces a letter dated 30.07.2011 whereunder the Deputy Development Commissioner has submitted that if the petitioner clears his outstanding dues in one lump sum amount and agrees to execute a fresh agreement with an undertaking to make payment of the licence fee timely on each month then he may be granted one more opportunity. Let the said letter be kept on the records of the proceedings. The writ petition was filed for quashing the order dated 14.12.2009 passed by the District Engineer, Zila Parishad, Katihar whereby the allotment of shop No. 35 in Navoday Bazar, Katihar in favour of the petitioner, had been cancelled. It is the case of the respondents-Zila Parishad that the petitioner had defaulted in the payment of the licence fee continuously and that the same had resulted in an outstanding to Rs. 50,376/- as on February, 2010. Mr. K.B. Nath, learned Senior counsel appearing for the Zila Parishad submits that the said calculation of Rs. 50,376/- is up to February, 2010 and a further amount for the period March, 2010 until the present month of August, 2011 would be payable by the petitioner. He submits that in view of the stands taken by the Deputy 2 Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Katihar as evidenced in his letter dated 30.07.2011 produced during the course of proceedings today, if the petitioner is agreeable to pay the entire outstanding amount and also undertakes to execute an agreement with an undertaking of making timely payment of rent of the shop each month, the respondent- Zila Parishad would allow him to continue the shop. Mr. Mukesh Kumar Jha, learned counsel for the petitioner accepts the offer. In view of the fair stand taken by the respondent-Deputy Development Commissioner-cum-Chief Executive Officer, the writ petition is disposed of with a direction to the petitioner to deposit the entire outstanding amount in one installment on/or before 30th September, 2011. In case the petitioner clears his entire outstanding amount by 30th September 2011 and also executes the agreement with the respondent-Zila Parishad giving a clear undertaking of making timely payment of rent each month, the respondent-Zila Parishad would allow him to continue in the shop and the order as contained in Annexure-2 shall not be given effect to and shall remain in abeyance. If however, the petitioner fails in his commitment and does not clear his entire outstanding amount by 30.09.2011, the order dated 14.12.2009 as contained in Annexure-2 shall stand revived. The writ petition stands disposed of with the aforesaid observation and directions. Bibhash (Jyoti Saran, J.)