Patna High Court
Ashok Kumar Gupta vs The State Of Bihar on 1 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.12 of 2020
In
Civil Writ Jurisdiction Case No.6550 of 2017
======================================================
Ashok Kumar Gupta S/o Late Krishna Kumar Gupta, Resident of Shop No.
9/86-87, Ward No,15, Goenka College, District- Sitamarhi.... ... Appellant/s
Versus
1. The State of Bihar through Secretary- Cum- Commissioner, Revenue and
Land Reforms Department, Old Secretariat, Patna.
2. The District Magistrate Sitamarhi.
3. The Deputy Collector, In- Charge Khasmahal, Sitamarhi.
4. In-Charge Officer Khasmahal Sitamarhi, District- Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Alok Kumar Jha, Advocate
For the Respondent/s : Mr.Md.Khurshid Alam (Aag12)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 01-12-2021
Heard learned counsel for the parties.
Aggrieved by the judgment and order dated 22.12.2019
passed in C.W.J.C. No. 6550 of 2017 passed by learned Single
Judge of this Hon'ble Court dismissing the writ petition, the
appellant has preferred this appeal.
Appellant had filed writ petition for setting aside the
demand notice dated 28.01.2016 (Annexure 1) by which
appellant was directed to deposit Rs.27,852/- as arrears of rent
with penal rent in district Nazarat.
State of Bihar had leased out 13 acres of khas mahal
Patna High Court L.P.A No.12 of 2020 dt.01-12-2021
lands to SRK Goenka College, Sitamarhi and the management
of Goenka College, sub-leased 1 bigha 13 khata and 6 dhurs of
land to 130 shopkeepers including appellant for construction of
shop to run their business and, thereafter, appellant and others
shopkeepers paid rent till the month of February, 1984, however,
the District Magistrate, Sitamarhi took exception to sub-lease
part of the leased land by the Goenka College as same was not
permissible in terms of the agreement and thereafter a letter
dated 23.2.1984 was issued by the Deputy Collector, Khas
Mahal, Sitamarhi to the appellant for settlement of Khas Mahal
land on which appellant was running his shop with two
conditions that he will have to deposit Rs.10,000/- per decimal
as Salami and to pay Rs.500/- rent per year as land rent and the
matter was amicably resolved between the shopkeepers
including appellant and the district administration on
22.11.1985.
Appellant paid the rent on agreed terms till 1998 but
thereafter did not pay the rent and authorities by demand notice
dated 16.7.2005 asked appellant to deposit the rent with arrears
which was challenged by the petitioner in CWJC No.1769 /
2006 which was disposed of by order dated 27.01.2011 with a
direction to authorities to consider the objections raised by
Patna High Court L.P.A No.12 of 2020 dt.01-12-2021
appellant and others and thereafter a fresh demand notice dated
28.01.2016 was served on the appellant which he challenged
under present writ proceeding.
It is submitted on behalf of counsel for the State that
appellant never filed any objection within stipulated time
pursuant to liberty granted by this Hon'ble Court and as such
demand notice was issued on 28.01.2016 after due calculation
of the recoverable amount in the light of order dated 27.01.2011
passed in CWJC No.1769/2006 and also in the light of Bihar
Khas Mahal Policy, 2011 and from the year 1999-2000 to 2013-
14, payable amount was assessed as Rs.27,852/- which
included arrears of rent and penal rent which appellant was
liable to pay.
This Court does not find any error or infirmity in the
order passed by learned Single Judge and, accordingly, this LPA
is dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.12.2021
Transmission Date NA
