Dineshwar Prasad Narain Singh @ Dinesh Prasad Narain Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25461 of 2013 ====================================================== Dineshwar Prasad Narain Singh @ Dinesh Prasad Narain Singh, Son Of Late Nagendra Prasad Narain Singh, Resident Of Village - Madhuban, Police Station - Madhuban, District - East Champaran at Motihari .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary, Rural Works Department, Government of Bihar, Patna

3. The District Magistrate, East Champaran at Motihari

4. The Sub - Divisional Officer, Pakridayal, East Champaran at Motihari

5. The Circle Officer, Madhuban, East Champaran at Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ansul, Adv. Mr.Rajesh Ranjan, Adv.

For the Respondent/s : Mr. Zakir Haider, AC to SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-09-2016 Heard the parties.

The grievance of the petitioner in the present writ petition is that, he has filed a petition for fixation of rent with respect to the lands in question before the respondent Circle Officer, Madhuban, but that is not being disposed of. Therefore, an appropriate direction has been sought for on his behalf for disposal of his claim for fixation of rent with respect to the lands in question.

Though, the learned counsel appearing on behalf of the petitioner has argued the matter at some length, but he has not been able to show any statutory provision, which vests the power in Circle Officer for fixation of rent.

In the aforesaid factual circumstances, the present writ petition is disposed of with an observation that, if the petitioner files an appropriate petition in the prescribed format

Patna High Court CWJC No.25461 of 2013 (2) dt.22-09-2016 before the prescribed statutory authority for fixation of rent, then the same shall be considered and decided strictly in accordance with law and all endeavours shall be made to dispose of the same at an early date, but before passing any final order an opportunity of hearing must be given to all concerned including the petitioner and any other private individual, who may raise any claim with respect to the lands in question.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner with respect to the lands in question and it is left to be decided by the prescribed statutory authority strictly in accordance with law. Arvind/- (Birendra Prasad Verma, J) U