IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1595 of 2006 1. MONGHYR CLUB,MUNGER through its Secretary, Sunil Kumar Das S/o Sri Krishna Chandra Das, R/o Bhagat Singh Chowk, P.O.-Munger, P.S.-Kotwali, Dist.- Munger 2. Sunil Kumar Das, Secretary Monghyr Club, Son of Shri Krishna Chandra Das, Resident of Bhagat Singh Chowk, P.O.-Munger, P.S. Kotwali, Dist.-Munger. 3. Raman Kumar Sinha, S/o Anant Kumar Sinha, R/o Sadipur, P.S. Kotwali, Dist.-Munger 4. Mukesh Nandan Prasad Singh, S/o late Brijnandan Prasad Singh, R/o Belan Bazar, P.S.-Kasim Bazar, Dist.-Munger --------------Petitioners Versus 1. THE STATE OF BIHAR thought the Collector, Munger 2. The Khas Mahal Officer, Munger. ----------------Respondents. ------------------ For the Petitioner:- Mr.Ray Saurabh Nath, Adv. For the Respondents:- Ms. V.M.K. Sinha, Adv, AAG-13 Mr. Anil Kumar Verma, A.C. to A.A.G.-13 --------------------- 5. 02.02.2011 Heard learned counsel for the petitioner and the State. Petitioner Monghyr Club is the lessee of the Khas Mahal land bearing Plot no. 529. In due course of time the club also came in possession of plot nos. 527, 528(part) and 530 which is evident from the letter of Collector, Munger bearing no. 3661 dated 3rd July, 1972 Annexure-7 to this petition. This writ petition has been filed assailing the order no. 14 dated 23.1.2006 (Annexure-12) whereunder the club has been directed to deposit arrears of salami and other dues with respect to plot 2 no. 529 and to remove its illegal possession from plot nos. 527, 528 (part) and 530. It is submitted on behalf of the petitioner that in the light of the recommendation of the then Collector, Munger contained in letter no. 3661 dated 3rd July, 1972 (Annexure-7), the club is always ready and willing to deposit royalty even for the other plots which is in possession of the club but has not yet been leased out to the club. The authorities however are not accepting the royalty for the remaining plots and are asking the petitioner to vacate its possession from those plots. Counsel for the State submits that the other plots which have not been leased out in favour of the club is required by the State for raising a town hall which is in public interest and this Court should not interfere in the matter. Having heard, counsel for the parties and perused the reasoned order dated 23.1.2006 (Annexure- 12), it appears the petitioner has not chosen to comply the directions contained in the reasoned order. It is therefore open for the authorities to take action for eviction of the club from the land in question in accordance with law by resorting to the process of the Civil Court and to that extent the reasoned order dated 23.1.2006 (Annexure-12) is modified. 3 With these observations the writ petition is disposed of. Anand Kr. ( V. N. Sinha, J.)