IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3707 of 2010 Nabi Rasul & Ors Versus The State Of Bihar & Ors ----------- 03. 13.07.2011 Learned counsel Mr. Amit Prakash for the petitioners and Mrs. Abhanjali, learned assisting counsel to G.P. 16 for the respondents are present. The writ petition was filed seeking direction to the authorities of the Bettiah Municipality to make allotment of Gumtis for which public notice had been issued as back as in the year 1993 and deposits had also been received from the petitioners at the rate of Rs. 1,000/- plus rent of Rs. 50/-, as back as in the year 1993. It is the contention of the petitioners that despite the aforesaid position where the Municipality pursuant to their intendment of allotment of Gumtis to the petitioners, has also accepted the deposits in that context, no further steps having been taken by the Municipality in this regard, has forced the writ petitioners to move this Court. A counter affidavit has been filed on behalf of the Executive Officer, Bettiah Municipality who practically admits the case of the petitioners. In paragraph- 15 of the counter affidavit it is admitted that pursuant to an advertisement 44 aspirants were allotted space measuring 8’ x 8’ over Municipal Nala and each one of them has deposited a sum of Rs. 1,000/- 2 by way of donation and Rs. 50/- by way of rent in respect of the allotted space. It is then contended that by reason of public protest the allottees could not be able to install Gumties over the allotted space. In paragraph- 18 of the counter affidavit it is further stated that the Sub-Divisional Officer, Bettiah has been requested for deputation of a Magistrate for delivery of possession of the allotted plots over the Municipal Nala where the petitioners herein had been allotted space for installment of their respective Gumties. In the alternative it is contended by the Executive Officer that if they do not succeed in restoration of the space over the Municipal Nala for its allotment, they would return the money so deposited. As there is no dispute between the parties regarding the issue raised in the writ petition, no purpose would be served in keeping the writ petition pending and the same is disposed of with the direction to the Executive Officer, Bettiah to take a final decision in the matter in terms of his statement made in paragraphs 15 and 18 of the counter affidavit. Any decision in this regard may be taken within a period of three months from the date of receipt/production of a copy of this order. S.Sb/- (Jyoti Saran, J.)