IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5269 of 2006 Budhan Pandit S/o late Ram Chandra Pandit Resident of village Daroga Tola, P.O. Motihari, P.S. Banjaria, District- East Champaran ………. Petitioner Versus 1. The Zila Parishad,Motihari, represented through its Chairman, Zila Parishad, Motihari, East Champaran 2. The Chairman, Zila Parishad, Motihari, East Champaran 3. The Chief Executive Officer, Zila Parishad, Motihari, East Champaran 4. The District Engineer, Zila Parishad, Motihari, East Champaran Respondents ----------- For the Petitioner :M/s S.P. Srivastava, Rajeev Ranjan & Santosh Bharti, Advocates For the Zila Parishad :Mr. S.P. Tripathi, Advocate 03/ 18.03.2011 Heard learned counsel for the petitioner and Sri S.P. Tripathi for the Zila Parishad, Motihari. 2. Petitioner was an applicant for allotment of shop raised by the Zila Parishad, Motihari pursuant to notice dated 27.1.1993, Annexure-1 to this application. In response to the offer made by the petitioner, allotment could not be made and he approached this Court in C.W.J.C. No. 7868 of 1995, which was disposed of under orders dated 13.1.1997 directing the authorities to consider the case of the petitioner for allotment of shop in accordance with law. In the light of the directions of the High Court, the authorities of the Zila Parishad, Motihari 2 passed order dated 15.4.1997, Annexure-6, whereunder they informed the petitioner that the shop could not be raised as the land over which the shop is to be raised is under encroachment and case of the petitioner for allotment of the shop shall be considered as and when encroachment is removed and shops are raised. 3. It is submitted on behalf of the petitioner that subsequently encroachment was removed and the shops have been raised in the year 2006, but the allotment could not be made to him as the authorities of the Zila Parishad, Motihari asked for the escalated amount which was actually spent in raising the shop and petitioner had to approach this Court. This writ petition has remained pending in this Court for about four years, but it is submitted on behalf of the petitioner that one shop raised on the land in question has been kept vacant for him. 4. Counsel for the Zila Parishad, Motihari does not have instruction, but he accepts the offer of the petitioner that if the shop is available then the same can be provided to the petitioner, but only on payment of escalated cost. 5. Having heard counsel for the petitioner and 3 the Zila Parishad, Motihari, I direct the petitioner to appear before the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Motihari and to place before him the order of this Court whereafter the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Motihari shall verify the submission noted above and if it is true that one shop is available then the same may be given to the petitioner, of course on payment of escalated cost, as early as possible, in any case within one month from the date of appearance of the petitioner and production of a copy of this order before the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Motihari. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)