Abul Kalam And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4141 of 2015 ======================================================

1. Abul Kalam

2. Abul Hussain Both sons of Late Hazi Hasimuddin, Resident of villageBabhani, P.O. Mahadevpur, P.S. - Pranpur, District-Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary of Revenue and Land Reforms Department, Govt. of Bihar, Patna

2. The Secretary General Administration Department, Bihar, Patna.

3. The Commissioner, Purnea Division, Purnea.

4. The District Magistrate, Katihar.

5. The Senior Deputy Collector cum Certificate Officer, Katihar.

6. The District Certificate Officer, Katihar.

7. The Circle Officer, Pranpur, Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioners : Mr. Jitendra Kumar Pandey, Advocate For the Respondents : Mr. Biresh Kumar Sinha, A.C. to AAG 2 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 13-04-2015 I have heard learned counsel for the petitioners and the State.

Petitioners seek direction for quashing of Annexure-5 which is a notice issued by the Certificate Officer, Katihar. It appears from the notice that Mega Lok Adalat was convened in the Civil Court, Katihar and the amount agreed by the petitioners to be deposited was Rs.2,51,256/- in four instalments. However, till 24.02.2015, i.e., after passage of nearly two months thereafter, the petitioners could not deposit even one instalment. Thereafter, a notice was issued since

Patna High Court CWJC No.4141 of 2015 (2) dt.13-04-2015 2/3 they had violated the terms and conditions of the Award of the Mega Lok Adalat as they were required to deposit the entire amount of Rs.2,51,256/- by 16th March, 2015 which they failed to comply.

In the aforementioned facts and circumstances, this Court is unable to intervene into the matter as the petitioners have admittedly violated the Award of the Mega Lok Adalat which was prepared after compromise having been arrived between the parties. Since learned counsel for the petitioners submits that the petitioners could not sell of the immovable properties within such time which was the cause of delay and the petitioners are ready to pay the entire amount along with interest accruing upon it within a period of six months from today, this Court would be inclined to direct the Certificate Officer to keep this notice in abeyance for further six months starting from today. He will also calculate the interest in accordance with law upon the aforesaid amount of Rs.2,51,256/- which would also be paid within such period of six months. If the petitioners again fail to do so then he would be at liberty to take steps for its recovery of the amount along with interest also.

This order has been passed with the consent of

Patna High Court CWJC No.4141 of 2015 (2) dt.13-04-2015 3/3 the parties.

This writ application stands disposed of.

(Dr. Ravi Ranjan, J) N.H./- U