IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14009 of 2003 SMT. KAMAL VERMA, WIFE OF SRI RAVIKANT VERMA, RESIDENT OF RAGHUNATH KUNJ, BUDHA COLONY, P.S. BUDHA COLONY, TOWN AND DISTRICT-PATNA. …………………………………………………………PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH COMMISSIONER & SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DEPUTY SECRETARY, REVENUE AND L.R. DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE COLLECTOR, PATNA. 4. THE ADDITIONAL COLLECTOR, PATNA. 5. THE CIRCLE OFFICER, PATNA SADAR, PATNA. ………………………………………………….RESPONDENTS. ----------- 7. 28.1.2011. The petitioner, a holder of general power of attorney by virtue of Annexure-„1‟ on behalf of Dr. Mrs. Lilawati Srivastava, is aggrieved by a communication dated 21.7.2003 (Annexure-„7‟) issued by the Deputy Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna and a consequential letter dated 17.11.2003 (Annexure-„8‟) issued by respondent no.3- the Collector, Patna, whereby respondent no.5, Circle Officer, Patna Sadar, was directed to take possession of Khas mahal land of plot no.28, area 4 katha 2 dhoors and 6 dhurkies, situate at mauja- Arara(Patna-Gaya Road) in the town of Patna. The claim of the petitioner is that by a lease deed dated 16th December, 1971 (Annexure-2), aforesaid Dr. Smt. Lilawati Srivastava, was allotted the plot in question on a lease for 30 years commencing from 18th August, 2 1967. It is submitted on behalf of the petitioner that without following the procedure prescribed under law, respondent authorities cannot take forcible possession of the land in question. 2. Mr. Rajiv Rai, learned Government Pleader No.5, appearing on behalf of the respondents, has fairly submitted that no action has been taken for taking forcible possession of the land in question and impugned orders dated 21.07.2003 and 17.11.2003, as contained in Annexures-„7‟ and „8‟ respectively, are merely notices. He draws attention of the Court to the averments made in paragraphs-11 and 13 of the counter affidavit filed on behalf of the respondent nos.1 and 2 , and sworn by Deputy Secretary Department of Revenue and Land Reforms, Government of Bihar, Patna. The aforesaid paragraphs-11 and 13 are relevant and are reproduced herein below: “11. That with regard to the statement made in paragraph no.15 of the writ petition it is humbly submitted that on receipt of the entire record along with the proposal, the Govt. reviewed the whole matter and found that the terms and conditions of the lease agreement were violated by the lessee and hence the order contained in letter no.979 dated 21.2.03 was issued and instruction was sent to the Collector, Patna for 3 termination of the lease and to take possession of the land as per the provisions of the Khas Mahal Manual. The Collector, Patna took action as per prescribed rules. The Collector, Patna just asked the lessee to give physical possession of the land to the Circle Officer, Patna Sadar within a month vide letter no.2514 dated 17.11.2003. 13. That with regard to the statement made in paragraph no.17 and 18 of the writ application it is humbly submitted that the govt. did not evict the lessee forcibly from the said premises. Hence the order was not against rule 22 of Khas Mahal Manual. Rule 22 of Khas Mahal Manual stipulates that, when the lessee objects to give possession for the land, the possession cannot be taken except under the order of competent civil court. The Collector, had only given a notice to deliver possession but has not taken possession forcibly. So the question of violation of rule 22 does not arise.” 3. In view of the statements made on behalf of the respondents that the petitioner shall not be forcibly evicted from the land in dispute without following the procedure prescribed under the law, Mr. Arun Kumar, learned counsel appearing on behalf of the petitioner, seeks permission to withdraw this application. 4 4. Permission is accorded. 5. This application is dismissed as withdrawn. There shall be no order as to costs. 6. It is hoped that the respondent authorities shall act in accordance with the averments made in their counter affidavit. BTiwary/ ( Birendra Prasad Verma, J.)