JUDGMENT :

The present writ petitions are taken up today through Video conferencing.

2. W.P.(C) No. 1611 of 2020 has been preferred for quashing the order as contained in Memo no. 220/Zi.Pa dated 5th March, 2018 issued by the Chief Executive Officer, Zila Parishad, Dhanbad-cum-Deputy Development Commissioner, Dhanbad (the respondent no.3) whereby the allotment of a restaurant situated at Bekarbandh, Trisen Bhawan, Dhanbad in favour of the petitioner has been cancelled in the light of letter no.C-13/2016-MPLADS dated 23rd February, 2018 issued under the signature of Under Secretary to the Government of India, Ministry of Statistics and Programme Implementation, New Delhi.

3. W.P.(C) No. 1612 of 2020 has been preferred for quashing the order as contained in memo no.231/Zi.Pa dated 6th March, 2018 issued by the respondent no.3 whereby the petitioner has been directed to handover the possession of the leased premises i.e., Multipurpose Building (Marriage Hall) near Kala Bhawan, Lubi Circular Road, Dhanbad within 24 hours by denying renewal of the lease agreement of the said building in the light of an enquiry report submitted by the Executive Magistrate, Dhanbad regarding a complaint filed by one Sri Ashok Kumar Singh, Jharudih, Nath Compound, Dhanbad (said to be a person related with the Office of Zila Parishad, Dhanbad).

4. The factual background of the case as stated in the writ petitions is that in the year 2016, the Board of Zila Parishad, Dhanbad took decision for giving the Multipurpose Building (Marriage Hall) and other halls/premises to the highest bidder by way of open auction and, as such, a public auction notice was published in the local newspaper vide memo no.306 dated 09th March, 2017 with respect to settlement of a restaurant situated at Bekarbandh and a multipurpose building situated near Kala Bhawan, Lubi Circular Road, Dhanbad for a period of three years by way of lease. The petitioners participated in the said auction held on 24th March, 2017 and being the highest bidders, were declared successful. The petitioner-Bipin Kumar Tiwary was allotted a restaurant at Bekarbandh and a lease agreement to that effect was executed between him and the Zila Parishad, Dhanbad on 29th March, 2017. He started running the said restaurant in the name of “Apple Restaurant”. The petitioner-Sanjay Kumar Singh was allotted multipurpose building (marriage hall) near Kala Bhawan, Lubi Circular Road, Dhanbad and a lease agreement was executed between him and the Zila Parishad, Dhanbad on 29th March, 2017 renewable after every eleven months. Subsequently, the petitioners submitted their applications on 18th February, 2018 along with payment of rent inclusive of 5% of the increased rent to the respondent no. 3 for renewal of their lease agreement on the terms and conditions as mentioned therein. However, the allotment made in favour of the petitioner Bipin Kumar Tiwary for running restaurant at Bekarbandh was cancelled by the respondent no.3 vide impugned memo no. 220/Zi.Pa. dated 05th March, 2018 in the light of letter no.C-13/2016-MPLADS dated 23rd February, 2018. The petitioner- Sanjay Kumar Singh was also served with letter dated 06th March, 2018 issued by the respondent no.3 informing inter alia that on the complaint of one Ashok Kumar Singh, the allegation was enquired by the Executive Magistrate, Dhanbad and in the light of the enquiry report, it was decided not to renew the lease agreement of the multipurpose building (marriage hall) and, hence, the petitioner-Sanjay Kumar Singh was directed to handover the possession of the said building to the Assistant Engineer, Zila Parishad, Dhanbad. The petitioners and others represented against the said impugned notices before the Chairman, Zila Parishad, Dhanbad-respondent no.2, who thereafter set aside the notices issued by the respondent no.3 vide his letter no.226 dated 06th March, 2018 and advised the said authority that consent/ approval of the respondent no.2 must be taken in all future