IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1444 of 2006
HARISH CHANDRA THAKUR, S/O RAMESHWAR THAKUR,
RESIDENT OF SHOP NO. 44/86-87, WARD NO.15, GOENKA
COLLEGE, P.S. AND DISTRICT- SITAMARHI.
.. PETITIONER.
Versus
1.
THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHAS MAHAL,
SITAMARHI.
.. RESPONDENTS.
with
CWJC No.1452 of 2006
1. UMA SHANKER PD. S/O LATE KISUN SAH
A RESIDENT OF HOLDING NO. 45/86-87.
2. RAMA SHANKAR PD S/O SIYARAM PD
A RESIDENT OF HOLDING NO. 49/86-87
BOTH ARE THE RESIDENTS OF THE GOYANKA
COLLEGE ROAD, P.S. + P.O. SITAMARIH,
DISTRICT SITAMARIH
… PETITIONERS.
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY
OLD SECRETARIAT BELO RD. PATNA.
2. THE COLLECTOR, SITAMARIH DISTRICT- SITAMARIH
3. THE DEPUTY COLLECTOR (INCHARGE OF KHASH
MAHAL) DISTRICT- SITAMARIH.
… RESPONDENTS.
with
CWJC No.1475 of 2006
SARFFUDDIN KHAN, S/O SAHBUDDIN KHAN, RESIDENT OF
BHAWEDPUR, WARD NO.14, P.S. AND DISTRICT- SITAMARHI.
.. PETITIONER.
Versus
1 THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2 DISTRICT MAGISTRATE, SITAMARHI.
3 DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
2
with
CWJC No.1478 of 2006
DR.V.K.BASU, S/O LATE GANESH PRASAD, RESIDENT
OF SHOP NO. 6/86-87, WARD NO.15, GOENKA COLLEGE,
P.S. AND DISTRICT- SITAMARHI.
… PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
with
CWJC No.1481 of 2006
REKHA SINHA, W/O LATE DR. ARUN KUMAR, RESIDENT OF
GUDRI BAZAR, WARD NO. 14, P.S. & DISTRICT- SITAMARHI.
.. PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
with
CWJC No.1531 of 2006
RAM SWAROOP PRASAD, S/O SURAJ PRASAD, RESIDENT OF
SHOP NO.19/86-87, WARD NO.15, GOENKA COLLEGE, P.S. &
DISTRICT- SITAMARHI.
.. PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
with
CWJC No.1544 of 2006
3
NARESH KUMAR SHARMA, S/O UMA DUTTA SHARMA,
RESIDENT OF SHOP NO. 51/86-87, WARD NO.15, GOENKA
COLLEGE, P.S. AND DISTRICT- SITAMARHI.
… PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
with
CWJC No.1579 of 2006
JAGDISH PRASAD, S/O RAM PRASAD SAH, RESIDENT OF
SHOP NO. 86/86-87, WARD NO.15, GOENKA COLLEGE, P.S.
AND DISTRICT- SITAMARHI.
.. PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
with
CWJC No.1746 of 2006
PARAS NATH PRASAD, S/O LATE RAMASHISH SAH.
RESIDENT OF KOAT BAZAR, WARD NO.7, AT PRESENT SHOP
NO. 68/86-87, WARD NO.15, GOENKA COLLEGE, P.S. AND
DISTRICT- SITAMARHI.
.. PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
with
CWJC No.1748 of 2006
4
UMESH KUMAR SINGH, S/O DASHRATH PRASAD SINGH,
RESIDENT OF SHOP NO. 94/86-87, WARD NO.15, GOENKA
COLLEGE, P.S. AND DISTRICT- SITAMARHI.
… PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
with
CWJC No.1769 of 2006
ASHOK KUMAR GUPTA, S/O KRISHNA KUMAR GUPTA,
RESIDENT OF SHOP NO. 9/86-87, WARD NO.15, GOENKA
COLLEGE, P.S. & DISTRICT- SITAMARHI.
.. PETITIOINER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
with
CWJC No.1778 of 2006
RAMESHWAR PRASAD, S/O JAGDISH PRASAD, RESIDENT OF
SHOP NO.54/86-87, WARD NO.15, GOENKA COLLEGE, P.S. AND
DISTRICT- SITAMARHI.
.. PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
with
CWJC No.1781 of 2006
5
NISAR AHMED KHAN, S/O LATE ISRAIEL KHAN, RESIDENT
OF BHAWDEPUR, SHOP NO.11/86-87, WARD NO.15, GOENKA
COLLEGE, P.S. AND DISTRICT- SITAMARHI.
… PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-
COMMISSIONER, REVENUE AND LAND REFORMS
DEPARTMENT, OLD SECRETARIAT, PATNA.
2. DISTRICT MAGISTRATE, SITAMARHI.
3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL,
SITAMARHI.
.. RESPONDENTS.
For the Petitioners: M/s. Rupak Kumar and S.S.P. Yadav,
Advocate.
For the State: Mr. Ajay Kumar Sharma, A.C. to AAG-1.
———–
4. 27.01.2011 Heard learned counsel for the petitioners and the
State.
2. Petitioners in this batch of the writ petitions
are the allottees of the shop in the premises of the Goenka
College, Sitamarhi which is situate over Khas Mahal land.
They are aggrieved by the notice issued by the Deputy
Collector In-charge, Khas Mahal, Sitamarhi dated
31.8.2005, 6.09.2005, 19.7.2005, 19.07.2005, 23.09.2005,
19.07.2005, 6.09.2005, 19.ix.2005, 19.ix.2005,
23.09.2005, 19.07.2005, 19.ix.2005, 19.07.2005, as
Annexure- 1 or 2 in the writ petition. It is submitted on
behalf of the petitioners that Deputy Collector In-charge,
Khas Mahal, Sitamarhi issued aforesaid notice with
6
reference to the orders of this Court passed in M.J.C. No.
3719 of 1998 and C.W.J.C. No. 1089 of 2001 as also with
reference to the report of the Comptroller and Auditor
General of India and the Public Accounts Committee of
the State Legislative Assembly but neither the orders of
this Court nor the report of the Comptroller and Auditor
General of India nor of the Public Accounts Committee of
the State Legislative Assembly has any bearing in the
matter. Reference to those orders/reports for raising the
rent of the shop of the petitioners and on their failure to
pay the enhanced rent to initiate action against them under
the Public Demand Recovery Act as also to forcibly evict
them from the shop premises is wholly illegal and contrary
to law. It is further submitted on behalf of the petitioners
that eviction of the allottees of the shop can take place
only by resorting to the process under the Bihar Buildings
(Lease, Rent and Eviction) Control Act and the allottees
cannot be evicted forcibly. It is further submitted that the
rent payable by the allottees is not a public demand within
the meaning of the Public Demand Recovery Act.
3. Having heard counsel for the parties, I direct
the petitioners to raise the objection which has been raised
7
in these petitions before the Deputy Collector In-charge,
Khas Mahal, Sitamarhi who shall consider the same and
pass appropriate order over the same as early as possible,
in any case within two months from the filing of the show-
cause. Petitioners should file their show-cause within one
month from the date of receipt of the certified copy of this
order. Until disposal of the objection by the Deputy
Collector In-charge, Khas Mahal, Sitamarhi, coercive
measure be not taken against the petitioners.
3. With the aforesaid observation, these writ
petitions are disposed of.
Ibrar/ ( V. N. Sinha, J.)