Ranjit Kumar Sinha And ANR v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12913 of 2016 ======================================================

1. Ranjit Kumar Sinha

2. Sanjay Kumar Sinha Both sons of Jitendra Kumar Sinha Residents of Sukhdeo Niwas, Industrial Estate Road, Kurji, P.S. - Digha and Distt - Patna.

... ... Petitioner/s

Versus

1. The Union of India through its Additional Director General, National Academy of Customs, Excise and Narcotic, Regional Training Centre, 668, Prasad Manson, Rajendra Path, p.s. - Gandhi Maidan and District - Patna.

2. The State of Bihar through Collector, Patna.

3. House Controller-cum-Sub-Divisional Officer, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammed Abu Haidar, Adv.

For the Respondent/s :

Ms. Sulekha Kumari, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2018 Heard Mr. Mohammed Abu Haider, learned counsel for the petitioner, Ms. Sulekha Kumari, learned AC to GP-18 and Mr. Satya Prakash Tripathy, Sr. Standing Counsel, Customs, Union of India.

The present writ application has been filed for a direction to the Collector, Patna to dispose of the BBC Appeal Case No. 25 of 2014 as well as application dated 10.02.2015 submitted by the petitioner under Section 16 of the B.B.C. Act for payment of arrears of rent.

The writ application was registered on 08.08.2016, but no counter affidavit has been filed till date. Hence, in view of the nature of order this Court intends to pass, this Court is not

Patna High Court CWJC No.12913 of 2016(2) dt.01-10-2018 2/2 inclined to adjourned the matter any further. There is nothing on record to suggest whether the appeal in question has been disposed of by the appellate authority-cum-Collector, Patna or not.

A counter affidavit has been filed on 24.11.2016 on behalf of Respondent Nos. 2 and 3 making specific averments in paragraph no.5 that the appeal in question is pending. In the circumstances, it is expected from the Collector Patna, the appellate authority under the BBC Act to dispose of the appeal as well as application dated 10.02.2015 submitted by the petitioner within a period of six weeks from the date of receipt/production of a copy of this order, in accordance with law, after giving due opportunity of hearing to all the affected persons.

Accordingly, the writ application stands disposed of with the observation aforementioned.

(Dinesh Kumar Singh, J) Ashwini/- U