Udit Kumar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22397 of 2014 ======================================================

1. Udit Kumar Singh S/o Late Umesh Kumar Singh shop No. 48 at Rangoli, Goyanka College, Road, P.O. + P.S and District Sitamarhi.

2. Md. Jamal S/o Late Md. Noor Hassaun, Shop No. 42 at Ajanta Watch, Goyanka College, Road, P.O. + P.S and District Sitamarhi.

3. Md. Mushtaque Khan S/o Late Md. Israil Khan, Shop No. 25, Goyanka College, Road, P.O. + P.S and District Sitamarhi.

4. Alok Kumar, S/o Badri Narayan Prasad, Shop No. 25, Goyanka College, Road, P.O. + P.S and District Sitamarhi.

5. Satya Narayan Bhagat S/o Late Dharkhan Bhagat, Shop No. 140, Goyanka College, Road, P.O. + P.S and District Sitamarhi.

6. Bajrangi Prasad S/o Late Sitaram Prasad At Bhola Dresses, Goyanka College, Road, P.O. + P.S and District Sitamarhi.

7. Abdul Qalam Mansoori S/o Late Butai Miyan At Adhunik Rui Dhunari Kendra Plot No. 218, Goyanka College, Road, P.O. + P.S and District Sitamarhi.

8. Vikram Kumar S/o Late Nathuni Prasad plot No. 218 Opp. To Rajendra Bhawan, Goyanka College, Road, P.O. + P.S and District Sitamarhi.

9. Tuntun Prasad S/o Late Chhote Lal Sah Plot No. 218, Readymade Centre Opp. To Rajendra Bhawan, Goyanka College, Road, P.O. + P.S and District Sitamarhi.

.... .... Petitioners

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The Collector at District - Sitamarhi

3. The Deputy Collector, Incharge of Khash Mahal at Sitamarhi, District Sitamarhi .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Shiv Shankar Prasad Yadav, Advocate For the State : Mr. Shivendra Kishore, AAG VII ======================================================

Patna High Court CWJC No.22397 of 2014 (2) dt.12-01-2015 2/3 CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 12-01-2015 I have heard learned counsel for the petitioners and the State.

Petitioners are aggrieved by the demand notices contained in Annexures 2, 5, 7 and 8.

However, at the time of haring of this matter, it is submitted that this writ application can be disposed of in terms of the order which has been passed in several cases in which the identical issues were involved.

Petitioners are ready to deposit the rent at the rate which was earlier fixed by the State.

It is submitted that vide order dated 15.11.2011 passed in C.W.J.C. No. 13200 of 2005 (Wasim Ahmad & anr. Vs. The State of Bihar & ors.) a Single Bench of this Court has allowed payment of rent by the petitioners on the rate fixed by the State until fixation of fresh rent in accordance with law is done.

In above view of the matter, this writ application is also being disposed of in the aforesaid terms. The respondents shall calculate the arrear dues against the petitioners and serve demand notice after its calculation on earlier fixed rate within

Patna High Court CWJC No.22397 of 2014 (2) dt.12-01-2015 3/3 one month from the date of receipt / production of a copy of this order upon the respondent no. 3. Thereafter, the petitioner shall clear the dues within two months. It is also made clear that the petitioners shall also pay the Municipal dues, if any, to the concerned Municipality.

With the aforesaid observations / directions, the writ application stands disposed of.

(Dr. Ravi Ranjan, J) Spd/- U