IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16853 of 2007 NAVIN KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 26.3.2010 Heard learned counsel for the parties. The Court is not required to record in detail the submissions and averments made in the writ application. The short facts are that a Shop- cum-Godown No. A/18 located at Gulab Bag Market in the district of Purnia was initially allotted in the name of grand-father of the petitioner. He died and thereafter an application was made by the petitioner for allotment of the said shop in his name. There are certain materials to show that due to in fighting within the family the allotment stood cancelled. A prayer has been made by the petitioner to reconsider the whole issue and make allotment in favour of the present petitioner. The stand of the respondent is that there is settled procedure fixed by the erstwhile Marketing Board, Patna for allotment of any shop/godown to any licensee traders. In this case since the original order of allotment stood cancelled process for fresh selection will have to be made. The issue is that the procedure has to be followed as laid down by the erstwhile Marketing Board. There is no dispute on such proposition. But in the present case due to non- decision on the part of the respondents the petitioner was compelled to approach the High Court in the present writ - 2 - application. There are several representations pending in this regard, the last one is dated 20.11.2007 contained in annxure-11 to the writ application addressed to the Special Officer erstwhile Agriculture Market Committee with a copy to the District Magistrate, Purnea. This writ application is disposed of with a direction to the concerned authority, since the Marketing Board itself stands dissolved, to take a decision on the application of the petitioner with regard to allotment of the shop preferably within a period of three months from the date of communication or production of a copy of this order. The petitioner will be well advised to file a fresh copy of application before Sub-Divisional Magistrate-cum-Special Officer, Purnea who is the designated authority now. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)