1. Appellant is running a betel shop in a kiosk measuring 6 x 6, situated near Gandhi Seva Sadan on the flank of road at Randhir Verma Chowk of Dhanbad town. According to him, pursuant to advertisement for settlement of land for construction of shop by auction appellant deposited earnest money of Rs. 20,000.00 on 19.9.1996 with Dhanbad Zila Praishad and thereafter auction took place and he being the successful bidder was allotted the land in question and he constructed the shop as per the plan and paid further sum of Rs. 20,000.00 to the Zila Parishad on 11.9.1998. However, neither any agreement was executed nor any amount of rent was accepted therefore.

2. By notice dated 31.7.2000 appellant was directed to remove his shop within ten days as it was constructed after encroaching public land.

3. The said order/direction was challenged by petitioner/appellant in CWJC No. 2482 of 2000(R), wherein respondents appeared and filed counter affidavit stating, inter alto, that stall/kiosk in question was never allotted to the appellant. He was also never directed to construct shop thereon and appellant made illegal construction on public land due to which general traffic was being seriously hampered and people at large were suffering. In such circumstances, direction was given to appellant to remove his shop/kiosk.

4. Learned Single Judge with reasoned order, after hearing the parties dismissed the Writ Application on 22.1.2002.

5. In our opinion, there is no reason to interfere with the said order in this LPA. We find that appellant failed to satisfy the Court that he had any legal authority to continue his betel shop on the flank of public road. In absence of any authorisation of Zila Parishad, it was incumbent upon him to remove his betel shop from the site in question. He was, therefore, not entitled to any relief by this Court.

6. In the result, this Appeal is dismissed having no merit. No costs.