IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No 9265 of 2011
KRISHNA SAH
Versus
THE STATE OF BIHAR & ORS
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2 21.06.2011 The petitioner challenges the order of the DCLR, Sadar
Madhubani, as contained in Annexure-2, and the order of the District
Magistrate -cum- Collector, Madhubani, as contained in Annexure-1. By
the aforesaid orders, as learned counsel for the petitioner would submit,
the authorities have partitioned certain property for which Partition Suit is
already pending and there is no order either preliminary or final in respect
thereof and that too without notice to the parties concerned. He submits
that under the powers to fix rent, such an exercise is impermissible to the
authorities. He submits that so far as rent fixation with reference to Bihar
Land Reforms Act is concerned, it is only in relation to and at the time of
vesting of property in terms of the said Act or settlement of the property
under the said Act. So far as the Bihar Tenancy Act is concerned, its
application is in relation to fixation of fair rent or revision thereof. The
only other power is under the Bihar Tenants Holding (Maintenance of
Record) Act, 1973 but neither of these Acts authorise the authorities to
effectuate the partition of a property.
Issue notice to respondent No 9 both under registered cover
and in ordinary course for which requisites etc must be filed within one
week failing which this application shall stand rejected without further
reference to the Bench.
State to take instructions and file a comprehensive counter
affidavit within four weeks.
2
Put up For Admission no sooner notice is validly served on
respondent No 9.
Till further orders of this Court, operation of orders, as
contained in Annexures-1 and 2, shall remain stayed.
M.E.H./ (Navaniti Prasad Singh)