Shamsul Hassan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14321 of 2024 ====================================================== Shamsul Hassan Khan son of late Dr Quamarul Hasan Khan Resident of Village- Shahdeokhap, PS- Magadh Vishwavidyalya, Anchal- Bodh Gaya, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue Land Reform, Bihar, Patna 2.

The District Magistrate, Gaya.

3.

The Circle Officer, Circle Gaya, District Gaya. 4.

Commissioner, Gaya Municipal Corporation, District Gaya. 5.

Deputy Municipal Commissioner, Gaya Municipal Corporation, Gaya, District Gaya.

6.

Sajjad Hussain S/o Syed Mubarak Mussain White House Compound, Ward No.-32, Road No.-3, P.S.- Rampur, District Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Pravesh Nath Tiwari, Advocate Mr. Shobiya Mustaque, Advocate Mr. Najib Ahmad, Advocate For the Respondent/s :

Mr. Satya Vrat, AC to GP-10 For the Municipal Corporation :

Mr. Rabindra Kumar Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-09-2024 Heard the parties.

2. The petitioner has approached before this Court on being aggrieved by the action of the respondent no. 3, who has kept on issuing rent receipts in favour of the private respondent no. 6, despite the fact that an application for mutation preferred on behalf of the respondent no. 6 came to be rejected by the Circle Officer, Gaya vide order dated 03.11.2023 and further the Deputy Municipal Commissioner, Gaya has also put a hold in issuance of the rent receipts.

Patna High Court CWJC No.14321 of 2024(2) dt.19-09-2024 2/2

3. Irrespective of the facts aforenoted, the rent receipts are being issued in favour of the private respondent no. 6, which compelled the petitioner to approach before this Court.

4. Learned Advocate for the Municipal Corporation as well as the State contended that the rent receipts are only for the purposes of fiscal purpose and no right and title either creates or extinguishes on the basis thereof.

5. Be that as it may, considering the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the averments made in the writ petition, the present writ petition stands disposed off with a direction to the respondent no. 4, to consider the grievance of the petitioner, in the light of the fact that there is already an order passed by the Deputy Municipal Commissioner, Gaya which put a hold over the issuance of the rent receipts, in the light of the order passed by the Circle Officer, Gaya and dispose of the same preferably within a period of eight weeks, from the date of receipt/production of a copy of this order. (Harish Kumar, J) shivank/- U