IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17366 of 2008 Md.Shamim Raza, Son of Hazi Ahmad Raza, Resident of Mohalla Tinkothia, PS Mithanpura, District Muzaffarpur. ----- Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Muzaffarpur. 3. The LRDC, East Muzaffarpur. 4. The Chairman, Minority Commission, Bihar, Patna. 5. The Circle Officer, Musahari, Muzaffarpur. 6. The C.I.-cum-Kanoongo, Anchal Musahari, Muzaffarpur. 7. The Executive Officer, Municipal Corporation, Muzaffarpur. ----- Respondents. ---------- 3 15.12.2011 Heard learned counsel for the petitioner, counsel for the Municipal Corporation and the counsel appearing on behalf of the State. The petitioner is aggrieved by the fact that the District Magistrate, Muzaffarpur ordered for demolishing his book store situated on the southern side of the District Board Office, Muzaffarpur. The case of the petitioner is that the allotment was made several years ago and the father of the petitioner was paying rent. He became defaulter in the year 1997. Notice was issued to him but the petitioner’s father did not respond to the notice. In the mean time, the father of the petitioner was ousted from possession. The father of the petitioner late Hazi Ahmad Raza moved this Court by filing CWJC No. 2288 of 1997. This Court passed the following order: “After some argument, learned counsel appearing on behalf of the petitioner is permitted to withdraw this application to enable the petitioner to file a properly constituted suit before a 2 competent civil court.” After dismissal of the writ application, apparently no suit was filed. The reason for not filing the suit according to the pleadings in this case is that the mother of the petitioner was suffering from cancer and he was involved in her treatment. Ultimately she died of cancer. This Court after considering all aspects of the matter finds that it cannot interfere and grant any relief to the petitioner specially in view of the fact that for the same relief, a writ application was earlier filed by the father of the petitioner and this Court restrained itself from interfering in the said matter. However, the petitioner can always apply for the shop if, any fresh settlement is made by the administration. This writ application is dismissed. Sanjay (Sheema Ali Khan, J.)