Suresh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4739 of 2021 ====================================================== Suresh Prasad Singh Son of Late Balchand Singh, resident of Village Korha, P.S.- Korha, District Katihar.

... ... Petitioner

Versus

1.

The State of Bihar through Addl. Chief Secretary, Revenue and Land Reforms, Govt. of Bihar.

2.

The Collector, Katihar, District Katihar.

3.

The Addl. Collector, Katihar, District - Katihar. 4.

The Anchal Adhikari, Korha, District - Katihar. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Arvind Kumar, Advocate For the Respondents :

Mr. AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-08-2024 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 2.

The present writ petition has been filed for issuance of a writ of mandamus or any other writ / direction / orders commanding the respondents to waive the settlement amount for a period of six months of lockdown period or to extend the settlement period of sairat for such a period when the hat was not in operation and petitioner could not enjoy the settlement right and to also to extend the rest of settlement amount to be deposited for a further period of six months. 3.

Learned counsel for the petitioner submits that the petitioner got settlement right of Gerabari Hat situated in Anchal

Patna High Court CWJC No.4739 of 2021(5) dt.12-08-2024 2/3 Korha, District Katihar by respondent no. 4 for financial year 2020-21 for a consideration amount of Rs. 11,61,000/- (Rupees eleven lakhs and sixty-one thousand) with the approval and order of the respondent no. 3, vide sairat settlement case no. 01 of 2020-21 and the same was to be operative from 1st of April, 2020 ending on 31.03.2021.

4.

Learned counsel for the petitioner submits that altogether petitioner has deposited Rs. 7,90,500/- (Rupees seven lakhs ninety thousand and five hundred) and in anticipation of the lockdown, the petitioner did not deposit the rest amount, because in the lockdown, the hat was not operative. 5.

Learned counsel for the respondents has filed a counter-affidavit stating therein that case of the petitioner was duly considered by the Committee constituted for this purpose, in light of the memo no. 86(9) dated 08.03.2021 and the matter of the petitioner was considered in the Committee meeting dated 12.04.2021 and the case of the petitioner was fixed for remission for a period of three months only, and now the petitioner is only liable to pay Rs. 1,01,750/- (Rupees one lakh one thousand seven hundred and fifty), after deduction of the remission amount.

6.

In view of the aforesaid, the writ petition is

Patna High Court CWJC No.4739 of 2021(5) dt.12-08-2024 3/3 disposed of with a direction to the petitioner to deposit the remaining amount, i.e., Rs. 1,01,750/- (Rupees one lakh one thousand seven hundred and fifty) within a period of six weeks from the date of receipt / production of a copy of this order. 7.

Accordingly, with the aforesaid direction, the writ petition stands disposed of.

(Rajesh Kumar Verma, J) Shahnawaz/- U