Abdus Sabbar vs The State of Jharkhand

Heard learned counsel for the petitioner, State and the

Jharkhand State Agricultural Marketing Board.

There is an inquiry underway on complaints made by some

persons in the matter of allotment of shops to the petitioners and

several others in Manglahat, Chaibasa under self finance scheme.

Petitioners contend on the basis of the resolution dated 26.4.2012

(Annexure-1) of the Market Committee Chaibasa that as per the

work order and and the agreement entered into with them,

Annexure-4 and Annexure-5 dated 1.8.2014 issued by the

Marketing Secretary, Agriculture Production Market Committee,

Chaibasa, West Singhbhum, petitioners have to spend from their

own pocket a substantial amount for construction of the shops

allotted to them under self finance scheme, which was in the

process when it has been suddenly stopped. Petitioners have

therefore assailed the communication dated 7.5.2015, Annexure-8,

issued by the Respondent No.3, Additional Collector, West

Singhbhum, which reveals that construction of the shops have

been stopped for inquiring into the allegation and that certain pre-

existing sheds were also being demolished.

Counter affidavits of the Respondent no. 5 and 6 also

corroborates the reasons for stoppage of constructions. As per the

statement made at Para 27 of the counter affidavit, inquiry

instituted by the Deputy Commissioner as also by the Director

(Vigilance), Marketing Board, is still underway and till the said

inquiry is not completed, construction of the shops cannot be

allowed.

Learned counsel for the petitioner submits that decision one

way or the other should be taken as early as possible so that

petitioners have a clear understanding of their status as allottees.

Learned counsel for the Respondent State has not filed any

counter affidavit.

Be that as it may, on the basis of the pleadings on record, at

this stage since the inquiry also appears to be underway, it can

only be observed that the same be concluded within a reasonable

time by the Respondent Authorities preferably 8 weeks from the

date of receipt of copy of this order. Needless to say that

dependent upon the outcome of the inquiry, it is open for the

Authorities to take action in accordance with law.

The writ petition is disposed of accordingly.