IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.480 OF 2007 1. SACHIDANAND SINGH LAKHUSARAI, SASARAM 2. AJAY SINGH, MANAS ROAD QUILA, SASARAM 3. SUNIL KUMAR, MANAS ROAD 4. KAMESHWAR SINGH, LASKARIGANJ 5. RAJENDRA SINGH, PAKHAURI, SHIVSASAGAR 6. DINESH PASWAN, BADKI PURWA, DARIGAON 7. BINOD KUMAR, BHARTIGANJ,SASARAM 8. BABAN SOUKAR, TAKIA BAZAAR,SASARAM 9. SHIV PRASAN SINGH, BARCHAWARON, PADRIYA, ROHTAS 10. SUDASRSHAN SINGH, BHARTIGANJ, SASARAM 11. UMASHANKAR SINGH, MUADDIGANJ, SASARAM 12. RAJENDRA BIND, MAHARNIYA, MADARWAR, DARIGAON 13. RAM NATH SINGH, BADAKIKAPURWA,DARIGAON 14. RAMSINGHASAN SINGH, BADAKI KA PURWA 15. MD SASHIMI, SHAHJAWA, SASARAM 16. BIRJU SINGH, BHARATIGANJ, SASARAM 17. BAJRANGI KUMARI, BHARATIGANJ 18. KRISHNA SINGH, LAKU SARAI 19. MANGAL SINGH, BADKIKAPPURWA,SASARAM 20. BIRENDRA SINGH, LAKHANUY SARAI 21. ASHOK SINGH, CHHOTAKI KARPARWA, SASARAM 22. SUDAMA SINGH, BADKI KARPURWA,SASARAM AND 23. ASHOK KUMAR, BHARTIGANJ, SASARAM. VERSUS 1. THE STATE OF BIHAR 2. THE CHAIRMAN, MUNICIPAL CORPORATION, SASARAM 3. THE CEO, MUNICIPAL CORPORATION, SASARAM. 4. THE ASSTT EXECUTIVE OFFICER, MUNICIPAL CORPORATION 5. THE DISTRICT MAGISTRATE, ROHTAS. ----------- 3. 08.07.2011. The petitioners submits that the respondents vide Letter no. 1173 dated 15.11.2006 have decided to take over the land situated at Sasaram from Rauja Road to Katchari Petrol Pump and further to allot the shops to the people by general auction after developing the said 2 plot upon which the petitioners were doing their business of selling vegetables and fruits. The petitioners state that they are small time vegetable vendors since more than 20 years and have been selling fruits and vegetables on the sides of the drain, spread from Rauja Road to Kutchery. They also pay toll tax to the respondents. Grievance of the petitioners is that the respondents are auctioning the said place in stead of allotting it to them. The petitioners submit that economically they are weak and cannot compete with affluent bidders. Respondents have filed counter affidavit. They state that with a view to smoothen the traffic and beautify the area around Shershah Tomb, Government has carved out a scheme where the allotment would be made through open auction. He further submits that any person intending to get allotment in the proposed space, would be given opportunity. Nagar Parishad would be within its own right to bring out scheme for settlement of space by auction. The petitioners may approach respondent no.3 for giving alternative space which may be considered 3 sympathetically. The writ petition stands disposed of. Shashi. (Samarendra Pratap Singh, J.)