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Patna High CourtCWJC/19627/2019disposed

Sanjay Kumar Pandey v. The State Of Bihar

2019-11-22Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19627 of 2019 ====================================================== Sanjay Kumar Pandey S/o Late Parshuram Pandey, Resident of Pandey Kothi, Mithapur, B Area, P.S.- Jakkanpur, District- Patna ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Arts, Culture and Youth, Govt. of Bihar, Patna.

2.

The District Magistrate-cum-Collector Bhagalpur. 3.

The Additional Collector (Departmental Enquiry)-cum-In-Charge Officer, District General Section, Bhagalpur 4.

The Deputy Collector General, Section, Bhagalpur Collectorate, Bhagalpur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Ranjan For the Respondent/s :

Mr.Raghwanand (Ga11) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-11-2019 Heard both sides.

The petitioner has filed the present writ petition for a direction to the District Magistrate-cum-Collector, Bhagalpur(Respondent no.2) to allow the petitioner to hold an exhibition-cum-Disney Land in the part portion of Sandis compound, Bhagalpur.

Learned counsel for the petitioner submits that the petitioner was holding exhibition-cum- Disney Land on some portion of the Sandis compound, but due to unavoidable circumstances and the reasons beyond the control of the petitioner, he could not pay the rent, due to which main entrance of the fair(Mela) was closed. The petitioner filed

Patna High Court CWJC No.19627 of 2019(3) dt.22-11-2019 2/3 C.W.J.C.No.21628 of 2018 before this Court and this Court, by order dated 28.05.2019, directed the petitioner to file a petition for exemption and concession for payment of rent on the ground that the petitioner could not show exhibition-cum-Disney land due to some unavoidable circumstances/reasons for certain period. On the said representation, the District Magistrate-cumCollector, in compliance with the order dated 28.05.2019 passed in C.W.J.C.No.21628 of 2018 exempted the petitioner for paying rent and directed him to pay remaining due amount in four installments, but the petitioner did not pay the entire amount and deposited only Rs.5 Lacs till date and he again filed the present writ petition for a direction to the District Magistrate-cum-Collector, Bhagalpur to allow him to hold exhibition-cum-Disney Land, so that he could pay the entire arrears amount.

Learned counsel for the State submits that the petitioner filed a petition to consider the case of the petitioner for settlement of portion of Sandis compound to hold exhibition-cum-Disney land on different dates extending till 2021 but the petitioner was allowed to hold exhibition-cumDisney land, unless he pays arrears of rent for settlement of Sandis compound for holding any exhibition -cum-Disney land.

Patna High Court CWJC No.19627 of 2019(3) dt.22-11-2019 3/3 Having considered the submission of both sides and facts of the case, the District Magistrate-cum-Collector, Bhagalpur is directed to consider the case of the petitioner sympathetically for settlement of Sandis compound to hold him show exhibition-cum-disney land for a certain period and the petitioner is directed to pay entire arrears as well as current amount within one month from the date of settlement of Sandis compound.

With the aforesaid observation and direction, the writ petition is disposed of.

(Prabhat Kumar Jha, J.) nawalkrs/- U