IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10663 of 2005 Yadunandan Prasad son of Late Ramdeo Prasad deceased, resident of Mohalla- Raja Kuan, P.S. Biharsharif, District-Nalanda. ….. … Petitioner. Versus 1. The State of Bihar through Secretary Department of Agriculture, Bihar, Patna. 2. The Managing Director, Agriculture Marketing Board, office at Panth Bhawan Baily Road, Patna. 3. The Chairman, Agriculture Marketing Board, Ram Chandrapur, Biharsharif, Nalanda. 4. The Secretary, Agricultural Marketing Board, Ramchandrapur, Biharsharif, Nalanda. …… Respondents. ----------- For the petitioner : Md. Naseem Mukhtar with Mr. Khursid Alam, Advocate. For the State : Mr. Rakesh Kumar Samarendra, S.C. 21. ----------- 03/ 26.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) For issuance of a writ in the nature of mandamus commanding respondent nos.3 and 4 to allot the shops in the name of petitioner who is eligible to get a shop in the premises of the Bazar Samiti on the basis of the principle of first come first serve. (ii) For issuance of a writ in the nature of mandamus commanding respondent nos.2 and 3 not to allot shops on arbitrary, pick and choose basis which is prevailed at present in the Biharsharif Bazar Samiti, cause great annoyance to the persons who are indulged in a business of fruits and vegetable and have genuine need of the shops. (iii) For issuance of a writ in the nature of mandamus commanding respondent no.1 to conduct an independent enquiry regarding illegal allotment of the shops on the extraneous consideration and further direct to make a policy for allotment of the shops with transparency and also direct to take legal action against respondent no.4 for illegal allotment of the shops till date. (iv) For issuance of any other writ/writs, order/orders, command/ commands, direction/directions as your - 2 - lordship may deem fit and proper in the facts and circumstances of the case. 3. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to approach the Administrator, Agriculture Marketing Produce Committee, Nalanda for the reliefs claimed raising the points which he has raised in the instant writ petition. 4. Considering the facts and circumstances of this case, the prayer is allowed. This writ petition is disposed of as withdrawn with the aforesaid liberty. If such an application is filed by the petitioner before the said authority within fifteen days from today, the said authority shall decide the same in accordance with law by a speaking order within two months thereafter. If the petitioner is aggrieved by the said order, he may move before an appropriate forum. Sunil (S. N. Hussain, J.)