IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9750 of 2008 Md.Azaj Ansari son of Md. Mohibul Haque Ansari, resident of village- Hindu Chakia, P.S. Chakia, District-East Champaran………..Petitioner Versus 1. The State Of Bihar 2. The Secretary, Town Home Development Department, Bihar, Patna. 3. The District Collector, Motihari, East Champaran. 4. The Executive Magistrate Chakia-cum-Executive officer, Nagar Panchayat Chakia, East Champaran. 5. The Block Development Officer, Chakia, East Champaran…..Respondents. ----------- 4. 30.09.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was allotted the settlement for collection of tax from roadside Thela, Khamocha, feri, tokri, Gumti Dukan etc. in the Nagar Panchayat, Chakiya, Plot No. 53 for the year 2008-2009. As part of the development work the Nagar Panchayat issued a notice and invited persons to take settlement of shops to be built by Nagar Panchayat. The petitioner’s grievance is that by building the shops, the petitioner will suffer financial loss, as a number of Gumti holders have applied for renting the shops and tax collection will drop drastically. This Court cannot hold that the area on which the shops were built was being utilized by petty shops holders for setting up the Thelas etc. Neither can this Court held 2 that development programme of the Nagar Panchayat by constructing shops or the like during period of settlement should be stopped. It has been specifically stated in the counter affidavit that 53 shops have been built whereas there are at least 500 small shopkeepers who sell their wares on the footpath by setting up Thela, Khamocha, feri, tokri, gumti shops etc. in the Nagar Panchayat, Chakiya under such circumstances this Court does not find merit in this writ application. Accordingly this writ application is dismissed. Saif/- (Sheema Ali Khan, J.)