IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16539 of 2009 1. BAL KRISHAN LAL S/O LATE SANT RAM R/O VILL- MAGARDOHI ROAD, GUDRI CHOWK, OPPPOSITE ALLAHABAD BANK, P.S TOWN (SAMASTIPUR), DISTT- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. COMMISSIONER-CUM- SECRETARY, NAGAR VIKAS AND AWAS BIBHAG, PATNA 3. DISTRICT MAGISTRATE SAMASTIPUR 4. EXECUTIVE OFFICER NAGAR PARISHAD, SAMASTIPUR 5. ADHYAKSH NAGAR PARISHAD, SAMASTIPUR ----------- 2. 3.12.2010 Heard learned counsel for the petitioner and the State. It is contended that the petitioner was an applicant for a shop advertised by the Nagar Parishad, Samastipur in pursuance of which an allotment was made in favour of the petitioner and he deposited the stipulated amount of Rs. 2 Lakhs with the Nagar Parishad, Samastipur on 18.11.2005. Till date the possession of the shop has not been made over to the petitioner. The representations by the petitioner have evoked no response. No useful purpose shall be served by requiring the learned State counsel to seek instructions and file counter affidavit or issuing notice to the Nagar Parishad. Learned counsel appearing for the State representing the District Magistrate has no objection if the writ application is disposed off with the following 2 directions:- (a) the Nagar Parishad, Samastipur is obliged to give possession of the shop to the petitioner at the location advertised. (b) the Nagar Parishad shall be at liberty to offer a shop to the petitioner at any other location in accordance with law of the same dimension and in accordance with the same terms and conditions. (c) the Nagar Parishad is directed to pass appropriate orders on any application by the petitioner for grant of interest on the amount deposited by him at the same rate (that is 15% ) that the Nagar Parishad had proposed for increase in rate annually on possession being given to the petitioner, if it is not in a position to make any allotment and make such payment. Let this order be complied in its entirety in any one of the three manners aforesaid within a maximum period of one month from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)