2025:JHHC:10198 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 585 of 2025 1. Kailash Prasad Barnwal @ Kailash Modi, S/o Tipan Modi, R/o Refugee Market, Purana Bazar, Near Shambhu Dharmshala, Dhanbad 2. Pradip Kumar Burnwal, S/o Narayan Modi, R/o House No. 478, Jayprakash Nagar, Near LIC Office, Dhanbad 3. Raghupati Bhattacherjee, S/o Late Kashi Nath Bhattacherjee, R/o Jayprakash Nagar, Gali No. 9, Behind De Nobili School, Dhanbad 4. Pintu Kumar, S/o Suresh Prasad Singh, R/o Satyam Nagar, Barwa Road, Near Panchvati Hotel, Dhanbad 5. Mukesh Kumar Gupta, S/o Mohan Ram Gupta, R/o 80, Gurudwara Road, Jharia, Dhanbad 6. Rajesh Kesari, S/o Yogendra Prasad Keshary, R/o HIG Plot No. 8, Housing Colony, Hirapur, Dhanbad 7. Parwati Devi, W/o Late Indradeo Sao, R/o Village-Sirasiya Mohanpur, Chakai, Jamui, Bihar … … Petitioners Versus 1. The State of Jharkhand through the Secretary, Panchayati Raj Department, Government of Jharkhand, Ranchi 2. The Deputy Commissioner, Dhanbad 3. The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Dhanbad 4. The Chairman, Zila Parishad, Dhanbad… … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Krishna Shankar, Advocate For the Respondent Nos.1 to 3 : Ms. Rishi Bharati, AC to AAG-III For the Respondent No. 4 : Md. Hatim, AC to Mr. Niranjan Singh, Advocate ----- 05/03.04.2025 Learned counsel for the petitioners prays for and is allowed to amend the designation of the respondent no. 3 as ‘The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Dhanbad, PO & PS-Dhanbad, District-Dhanbad’. 2. The present writ petition has been filed for issuance of direction upon the respondent no. 3 to allot shops in favour of the petitioners as the shops earlier allotted to them by the Zila Parishad, Dhanbad in the year 1993 through open auction were subsequently demolished for widening of the road. 3. Learned counsel for the petitioners submits that the 2025:JHHC:10198 2 petitioners were earlier allotted respective shops near private Bus Stand, Dhanbad through an open auction held by the Zila Parishad, Dhanbad on 11.10.1993. The said allotments were made on lease hold basis on payment of monthly rent. Thereafter, the petitioners took possession of the respective shops and were regularly paying monthly rent to the Zila Parishad, Dhanbad. However, subsequently in the year 2018, a notice was issued for demolition of the said shops for widening of the road. The authorities of the Zila Parishad, Dhanbad also assured the petitioners that if the said shops were vacated, new shops would be allotted to them at suitable place. The said fact would be evident from letters dated 16.05.2018 issued to the petitioners (copies of the said letters have been annexed as Annexure-4 series to the writ petition). 4. It is further submitted that though on the basis of the assurance given by the authorities of the Zila Parishad, Dhanbad, the petitioners vacated the respective shops and were thereafter demolished, however, they have not yet been provided the alternative shops. The shops earlier allotted to the petitioners were the only source of their livelihood and after vacating the same, they are running from pillar to post for getting the alternative shops allotted to them. They have represented the authorities of the Zila Parishad, Dhanbad on several occasions, however, not getting any response from them, the petitioners have been compelled to prefer the present writ petition. 5. Md. Hatim, AC to Mr. Niranjan Singh, learned counsel for the respondent no. 4, submits that the aforesaid claim of the 2025:JHHC:10198 3 petitioners is required to be examined by the competent authority i.e., the respondent no. 3. Hence, if the petitioners prefer fresh representation(s) on the present issue before the respondent no. 3, an appropriate decision in accordance with law will be taken by the said respondent within a timeframe. 6. Having heard learned counsel for the parties and considering the nature of prayer made in the writ petition, without entering into merit of the case, the petitioners are given liberty to prefer fresh representation(s) on the present issue before the respondent no. 3. On receipt of the said representation(s), the respondent no. 3, after providing an opportunity of hearing to the petitioners/their representative(s), shall take an appropriate informed decision in accordance with law within eight weeks from the date of filing of the representation(s). 7. The writ petition is accordingly disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Manish