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2019 Supreme(Jhk) 1983

SUJIT NARAYAN PRASAD
Sahjad Ansari – Appellant
Versus
State of Jharkhand through the Secretary, Department of Land Revenue and Registration – Respondent


Advocates Appeared:
For the Petitioners: M/s Sumeet Gadodia & Ritesh Kumar Gupta Adv.
For the State : Mr. Rahul Kumar Gupta, Sr. S.C-I, Mr. Akash Bhushan, A.C to Sr. S.C-I. Mr. Prashant Pallav, G.A-IV & Madhav Prasad, A.C to G.A-IV. Mr. Navin Kumar, G.P-IV & Ankit Kumar, A.C to G.P-IV. Mr. D.C. Mishra, Mr. J.F. Toppo, Ms. Sunita Kumari, Mr. Suraj Prakash, Mr. Nitish Krishna, Mr. Vinod Kumar Sahu, G.P-III. Mr. Subhash Chandra Prakash

1. These batch of writ petitions have been listed together since common questions are involved and as such all the matters have been heard together and are being disposed of by this common order.

2. In all these writ petitions, the relief prayed for is as follows:

(i) For issuance of appropriate writ, order or direction for quashing/setting aside the conditions regarding shop allotment, as contained in Memo No.1170(ii) dated 13.7.2016 issued by the Respondent No.4 (Annexure-4) to the extent rent of the shops allotted to fire affected people has been fixed at a monthly rent of Rs.20/- per square feet, specially because the said fixation of monthly rent of the shops is wholly arbitrary, confiscatory in nature and discriminatory, being violative of Article 14 of the Constitution of India;

(ii) For issuance of further appropriate writ, order or direction, including writ of mandamus, directing the respondents, particularly, Respondent No.4 to take uniform decision and fix rent in respect of shops allotted in favour of fire affected persons commensurate with rent realized by the Respondent No.4 from the neighbouring shops constructed by the Respondent No.4 at Market Complex, Simdega;

(ii

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