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2026 DAILYLAW 3561 (JHR)

Md Gyas Ansari And Ors v. The State Of Jharkhand And Ors

WPC/4064/2016 · 2026-01-15

Rajesh Shankar

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:951 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4064 of 2016 ----- 1. Md. Gyas Ansari, S/o Md. Abbas Ansari, R/o Idgah Muhalla, P.O., P.S. & District-Simdega, Jharkhand. 2. Mustak Ahmad, s/o Late Mahbub Khan, resident at Bhatti Toli, P.O., P.S. and District-Simdega. 3. Shambhu Prasad, s/o Sri Moti Lal Sah, r/o Daily Market, Simdga, P.O., P.S. & District-Simdega. .......... Petitioners. -Versus- 1. The State of Jharkhand. 2. The Deputy Commissioner, Simdega. 3. The Sub-Divisional Officer, Simdega. 4. The Chairman, Nagar Parisad, Simdega. 5. The Executive Officer, Nagar Parisad, Simdega. .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. A.K. Sahani, Advocate For the Respondents: Mr. Sushant Kumar, A.C. to S.C.-II ----- Order No.10 Date: 15.01.2026 1. The present writ petition has been filed seeking following relief:- “i. That the Petitioners by way of this instant writ petition pray for the issuance of an appropriate Writ(s), Order(s), Direction(s) commanding upon the respondent authorities to allow the petitioners to participate in the lottery process for allotment of the shops pursuant to notification dated 16.07.2016 published in Prabhat Khabar newspaper as the petitioners are the shopkeepers whose shops were burnt along with entire articles in the fire incident occurred on 27.03.2010 for which enquiry was conducted and the list of affected shopkeepers has been prepared on 28.03.2010 after enquiry jointly by the S.D.O, C.O and B.D.O, Simdega and the name of the petitioners find place in the list at serial nos. 23, 26 and 45 respectively, however the respondent authority is not allowing to petitioners to participate in the lottery process by not providing the application form require to be submitted for allotment of shops to the shopkeepers affected by the fire incident as such respondent may be directed to provide the application form immediately and allow the petitioners to participate in lottery process for allotment of shops under the category of shopkeepers who has been affected in the fire incident and if the lottery will come in favour of the petitioners the respondent may be directed to allow the shops.” 2026:JHHC:951 2 2. Reference may be made to the order dated 6th February, 2025, which reads as under: “1. I.A. No.5515 of 2016 was filed on behalf of the petitioners on 23rd August, 2016 for issuance of direction upon the respondent authorities not to deliver possession of 40 shops allotted in favour of affected persons of fire incident without allowing the petitioners to participate in the lottery process. 2. The Respondent no.5- Executive Officer, Nagar Parishad, Simdega is directed to file supplementary affidavit within three weeks, stating as to whether the possession of 40 shops, situated at Municipal Market, Simdega, which were allotted pursuant to notification dated 16th July, 2016, has been given to the concerned persons. If so, the details thereof shall also be given in the said supplementary affidavit. 3. Put up this case under appropriate heading after three weeks.” 3. Pursuant to the aforesaid order, a supplementary counter affidavit has been filed on behalf of the respondent no.5 on 9th April, 2025, paragraph nos.4 and 5 of which read as under: “4. That it is stated and submitted that notification dated 16.07.2016 was published in Prabhat Khabar newspaper for initiating lottery process for allotment of 40 shops in favour of persons affected in fire incident. 5. That it is stated and submitted that since there was never any stay to the allotment process, the allotment of 40 shops have already been finalized and the same has already been allotted to the affected persons vide various allotment letter's in the month of September 2016 itself.” 4. Since all the shops in question have already been allotted to the affected persons, this Court does not wish to proceed further in the present matter. 5. The writ petition is, accordingly, disposed of. 6. Pending I.A., if any, also stands disposed of. (Rajesh Shankar, J.) 15th January, 2026 Rohit/