Patna High Court
Ram Babu Prasad vs The State Of Bihar And Ors on 13 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11746 of 2017
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Ram Babu Prasad, Son of Late Ganesh Prasad, Resident of Ward No.15,
Court Bazar, Sitamarhi Town, Police Station and District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Collector-cum-District Magistrate, Sitamarhi.
3. The Khas Mahal Officer-cum-Deputy Collector, Land Reforms, Sitamarhi
Sadar, Sitamarhi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Uday Kumar Advocate
For the Respondent/s : Mr. Majid Mahboob Khan, AC to AAG-12
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA
CHAKRAVARTHY
ORAL JUDGMENT
Date : 13-05-2025
1. The writ application is filed to direct the
Respondent Authorities to re-auction/ re-settle the
shops situated on the Khas Mahal land of Goenka
College Campus, Sitamarhi, whose lease expired
over three years back, but the earstwhile settlees
are allowed to continue and do their business in
connivance and conspiracy of the local authorities
without paying any rent to the State Exchequer
even though the petitioner and others are ready to
pay higher rent at present market value while the
old settlees were paying only Rs. 6/- per square
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feet.
2. The brief facts of the case is that there
is a market in the campus of Goenka College in
Sitamarhi. In the year 1980, the Revenue
Authorities declared the land and shops situated
within the Goenka College Campus as Khas Mahal
and took control over the same. After declaring
those shops as Khas Mahal Property, the Revenue
Authorities of the District started settling the same
to different persons at the rate of Rs. 6/- per
square feet with effect from 1983-84 vide different
orders issued in 1983-84 to 1985-86 for a period
extending upto 2013-14.
3. The terms of lease/settlement to 133
shopkeepers expired in 2013-14, but they have
been continued the possession of the shops in
connivance and conspiracy of the local authorities
without any payment being made to the State
Exchequer or renewal of the lease. The Revenue
Authorities were duty bound to re-auction, the
shops and issue fresh settlement orders after the
expiry of the settlement, in the matter of March
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2013 itself. But they did not do so. It is further
disclosed that the petitioner were interested in
getting the shops, and they approached the
authorities with a request to make fresh
auction/settlement, but respondent authorities
turned a deaf ear. On 02.08.2014, the petitioner
sought information under R.T.I., from the Principal-
cum-P.I.O. of the Goenka College for which the
Principal of the college replied that shops have
been declared Khas Mahal and the College has no
say or interference in the matter. Thereafter, the
petitioner sought information from the Collector,
Sitamarhi vide application dated 25.09.2014.
However, the Collector did not bother to reply.
4. Being aggrieved by the same, the
petitioner moved before the State Information
Commission by filing Second Appeal on
09.04.2015
, which was numbered as Case No.
137677/16-17. The said appeal was finally heard
on 07.04.2017 by the State Information
Commission and the same was disposed of with
direction to the Khas Mahal Officer-cum-D.C.L.R. to
Patna High Court CWJC No.11746 of 2017 dt.13-05-2025
furnish the details, as sought by the petitioner
within a period of 30 days, failing which action will
be taken against him under the provisions of R.T.I.
Act.
5. Pursuant to the order of the State
Information Commission, the District Khas Mahal
Officer-cum-DCLR, Sitamarhi Sadar came out with
Memo no. 931 dated 13.05.2017, addressed to the
petitioner annexing a detailed list of 133
settlements made to various persons. From perusal
of the enclosure to letter no. 931 dated 13.05.2017
it is evident that the settlement of the shops in R.K.
Goenka College, Sitamarhi Campus had expired in
March 2014 itself, and the erstwhile settlees are
occupying the same and carrying their business
since then, without any authority or paying any
rent.
6. It is the specific contention of the
learned counsel for the petitioner that settlees
were allotted with the shops in 1986-87 w.e.f.
1983-84 till 2013-14 and none of the settlee has
been re-allotted with the shops by the authorities
Patna High Court CWJC No.11746 of 2017 dt.13-05-2025
after the expiry of 2013-14 and the concerned
authorities have not re-auctioned or re-settled the
shops to the authorities.
7. On the other hand, learned counsel for
the respondents contend that petitioner has no
locus standi and there is no any impugned order
against the petitioner in this case. On perusal of
the writ petition, it is evident that there are only
three respondents i.e. The State of Bihar, The
Collector-cum-District Magistrate, Sitamarhi and
The Khas Mahal Officer-cum-Deputy Collector, Land
Reforms, Sitamarhi Sadar. If at all the petitioner has
grievances against the 133 settlees he would have
make them as parties to the writ petition.
Moreover, this Writ petition is not a Public Interest
Litigation. The fundamental rights or principles of
natural justice are not violated in this case.
8. However, the petitioner is at liberty to
make appropriate application before the
appropriate authority, within a period of one month
from the date of receipt of a copy of this order. In
turn, the respondent authority shall pass
Patna High Court CWJC No.11746 of 2017 dt.13-05-2025
appropriate orders considering the merits of the
case within two months from the date of filing of
the representation.
9. With the aforesaid observations, the
Writ petition is disposed of.
(G. Anupama Chakravarthy, J)
khushbu/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 15.05.2025
Transmission Date N/A
