( 2025:JHHC:20223 ) 1 W.P. (C) No.7052 of 2012 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C). No.7052 of 2012 ------ 1. Dinesh Prasad S/o Yadhunath Prassad resident of 22 NO., Padma Road, P.O. & P.S.-Golmuri, Jamshedpur, Distt.-East Singhbhum. 2. Sheikh Imran S/o Sheikh Alimudin resident of Sakchi Bazar, P.O. & P.S.-Sakchi, Jamshedpur, Distt.-East Singhbhum. 3. Shaharyar Salim, s/o Md. Salim, resident of Cross Road No.-7, P.O. & P.S.-Azad Nagar, Jamshedpur, Distt.-East Singhbhum. 4. Md. Jabbar s/o Sheikh Nizam resident of Sakchi Bazar, P.O. & P.S.-Sakchi, Jamshedpur, Distt.-East Singhbhum. 5. Sonu Chourasia s/o M.P. Chourasia resident of 10 No. Basti, Padma Road, P.O. & P.S.-Golmuri, Jamshedpur, Distt.-East Singhbhum. 6. Gulnar Begum D/o late Md. Daud, House No.5A, Road No.5, P.O. & P.S.-Azad Nagar, Jamshedpur, Distt.-East Singhbhum. 7. Madan Prasad s/o Kishore Prasad resident of Sakchi Bazar, P.O. & P.S.-Sakchi, Jamshedpur, Distt.-East Singhbhum. … Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner, District Administrative Building, Jamshedpur, Distt.-East Singhbhum. … Respondents ------ For the Petitioner : Md. Ashrafuzzaman Khan, Advocate (VC) For the State : Mr. Om Prakash Tiwari, GP III ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ( 2025:JHHC:20223 ) 2 W.P. (C) No.7052 of 2012 By the Court:- Heard the parties. 2. This Writ Petition (C) under Article 226 of the Constitution of India has been filed with the prayer for issuance of appropriate writ (s)/order (s)/direction (s) to the Respondent No.2 for allotment of shop to the petitioners in Tank Area Market and Khatia Market located at Sakchi. 3. The case of the petitioners is that the petitioners had shops in the said two markets since long but their shops were demolished at the instance of Respondent No.2 declaring the entire area of market as encroached area. At the time of demolition, the respondent no.2 promised on the spot that shops, stalls etc. which has been demolished shall be rebuilt in a planned way and the owner and beneficiaries shall be allotted shops by the Administration. 4. Learned counsel for the petitioners submits that in the list of allottees published by the respondent no.2, there were several irregularities and discrimination as outsiders and strangers have been allotted shops in the new market constructed. It is next submitted that association of the petitioners filed C.W.J.C. No.995 of 1998(R) which was dismissed on the basis of the averments made by the respondents in their counter affidavit at para-19; to the effect that administration will consider the case of the left-out persons. 5. Learned counsel for the petitioners relying upon the order dated 18.11.2009 passed by the co-ordinate bench of this Court in the case of Ajaib Singh vs. The State of Jharkhand and Another in W.P.(C) No.-2091 of 2003, submits that the petitioner of that case who was similarly placed, on approaching this Court, the co-ordinate bench of this Court disposed of the ( 2025:JHHC:20223 ) 3 W.P. (C) No.7052 of 2012 said writ petition by directing the Deputy Commissioner, East Singhbhum to consider the claim of the allotment of the shop, in newly constructed market area, subject to fulfilling other criteria for allotment of shop and, in case, he fulfills the condition for allotment, he should be allotted one shop in the same market area, hence, it is submitted that similar order be passed in this case also. 6. Learned counsel appearing for the State has no objection. 7. Considering the aforesaid facts, this writ petition is disposed of by directing the respondent no.2 Deputy Commissioner, East Singhbhum to consider the claim for allotment of the petitioners, in the newly constructed market area subject to their fulfilling other criteria for allotment of shop and, in case, they fulfill the condition of allotment, they should be allotted one shop each in the said market area. It is made clear that if the petitioners are found eligible for allotment of shop, but no shop is found available, then the Deputy Commissioner, East Singhbhum shall follow the guideline and direction issued by this Court in W.P.(C) No.2631 of 2002 & 306 of 2003 and take a decision within a period of 6 weeks from the date of receipt /production of the copy of this order. 8. With these observations and direction, this writ petition stands disposed of. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 23rd of July, 2025 AFR/ Abhiraj