Arun Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24121 of 2013 ====================================================== Arun Kumar Singh S/O Late Parmanand Singh, Resident of Bailey Road, Opposite Planetarium, P.S- Kotwali, District- Patna. ... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

2.

The Principal Secretary, Land Reforms Department, Government Of Bihar, Patna.

3.

The Commissioner-Cum-Secretary, Department Of Revenue And Land Reforms, Patna.

4.

The District Magistrate-Cum-Collector, Patna. 5.

The Additional Collector, Patna.

6.

The Sub-Divisional Officer, Patna.

7.

The Deputy Collector, Land Reforms, Patna.

8.

The Circle Officer, Patna Circle, Sadar, Patna, District- Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mrs. Archana Sinha, Adv.

Ms. Swarna Roy, Adv.

For the State :

Mr. Sitaram Yadav, GP-16 Mr. Yatindra Narayan, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 21-08-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). To quash the Memo No. 856/ Rev. dated 11.03.2013 and its reminder Memo No. 1521/ Rev. dated 29.04.2013.

(ii). To declare that Memo No. 569/ Rev. dated 17.02.2006 and letter no. 175 (6) / Rev. dated 04.02.2006 are illegal, void and not binding on the petitioner or in the alternative be set aside. (iii). To direct the respondent concerned by

Patna High Court CWJC No.24121 of 2013 dt.21-08-2024 2/3 issuance of an appropriate writ/order/ direction to consider and/or grant the renewal of lease or in alternative, a fresh lease by means of a lease deed to the extent of petitioner's land from the date of application of renewal/ reconsideration application, at the rate prescribed at the relevant time, in terms of the policy decision of the State Government, applicable at the relevant time.

(iv). To issue appropriate writ/ order/ direction to hand over such renewed registered lease deed to the petitioner upon its registration.

(v). To issue appropriate writ/ order / direction commanding the respondents to maintain status quo with respect to the land in question and not disturb the possession of the petitioner or forebear from taking any coercive steps against the petitioner or forebear from taking any coercive steps against the petitioner with respect to the land in question in any manner as the same is in peaceful possession of the petitioner and his predecessors since 1937."

2.

At the outset, the learned counsel for the parties jointly submit that the present case is squarely covered by a judgment, rendered by a coordinate Bench of this Court, dated 8.9.2016, passed in CWJC No. 12335 of 2013 (Shri Ram Kumar Singh vs. The State of Bihar & Ors.), inasmuch as the impugned orders in both the writ petitions are one and the same, hence, the present writ petition can be disposed off, in terms of the

Patna High Court CWJC No.24121 of 2013 dt.21-08-2024 3/3 aforesaid judgment dated 8.9.2016.

3.

In view of the aforesaid, the present writ petition stands disposed off in similar terms i.e. in terms of the aforesaid Judgment dated 8.9.2016, while granting liberty to the petitioner to file application before the learned Collector, Patna, requesting for renewal of the lease or for any other relief, which he may be entitled to.

4.

It is needless to state that in case, such an application is filed within a period of four weeks from today, the learned Collector, Patna, shall consider the same afresh and take appropriate decision and / or pass appropriate orders, in accordance with law, within a period of eight weeks, thereafter. 5.

It is needless to state that the learned Collector, Patna, shall not be prejudiced by the impugned orders dated 4.2.2006, 17.2.2006 and 11.3.2013, which have been impugned in the present writ petition.

6.

Let the records of the connected writ petition i.e. CWJC No. 12335 of 2013 be sent back to the record room. (Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.08.2024 Transmission Date NA