IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.599 of 2011 KAMAL DEO OJHA S/O RAMPHAL OJHA, R/O VILLAGE-PARSAUNI WAIN, WARD NO. 1, P.O. HASRAULI P.S. PIPRAHI, DISTRICT-SHEOHAR. ………..Petitioner. Versus 1. THE STATE OF BIHAR. 2. PRINCIPAL SECRETARY, REVENUE AND LAND REFORMS, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3. COLLECTOR, SHEOHAR. 4. CIRCLE OFFICER, PIPARAHI, DISTRICT-SHEOHAR. 5. ANCHAL ADHIKARI, SHEOHAR, DISTRICT SHEOHAR. ……………Respondents. ----------- 02 19.01.2011 Heard learned counsel for the petitioner and the State. Petitioner has filed the present application seeking direction upon the respondent-State authorities to pay arrears of dues of petitioner towards the consideration money for the land sold by him in favour of Anchal Adhikari, Sheohar (Respondent-5) and the beneficiaries in accordance with a resolution of the Government contained in Annexure-1. According to the petitioner, the State Government initiated a project/scheme for providing 03 decimals of land to each family of Maha Dalit in the State of Bihar. Petitioner being landholder, was approached by the respondent-Circle Officer for sale of 2 lands in favour of persons belonging to Maha Dalit family duly selected by the Government. According to the petitioner, he executed sale deed on different dates in the month of January/February, 2010 (Annexure-2). Petitioner raises a grievance that the entire consideration money as per resolution of the Government (Annexure- 1) has not been paid to him. It appears from perusal of Annexure-2 that by reason of those deeds lands have been sold by the petitioner in favour of the respondent- State for the use and benefit of eligible persons under specified class/category. Column ‘5’ recites the consideration money for such sale(s). It appears that Rs. 12,000/- has been set out therein with an endorsement of the petitioner that the said amount has already been received by him. The aforesaid column also set out the actual value of the land as per registration chart. This was incorporated presumbly for the purpose of valuation. Learned counsel for the petitioner fairly submits that so far such sales are concerned, required Court fees has already been paid. It is seen from the pleadings of the petitioner that their claim precisely is that although they have sold the lands but only part payment has been 3 made. Rest amount has been promised but not paid to him till date. It is further submission of the petitioner that calculation of the consideration money mentioned in the sale deed has also not been properly made considering the provisions contained in the Government resolution (Annexure-1). Learned counsel for the State, on the other hand, submits that the claim of the petitioner arises out a registered agreement/deed and, as such, this Court should not exercise its writ jurisdiction in the matter. I have considered the submissions made on behalf of the parties and perused the materials on record. From the submissions made on behalf of the petitioner and the pleadings set out in the writ application, it appears that petitioner is raising a grievance with regard to non-payment of the consideration amount which he was/is entitled to be paid in view of the provisions contained in the resolution of the Government (Annexure-1). It is further seen from the document placed at Annexure-2 that in the registered deed executed by the petitioner, the consideration amount has been 4 disclosed as Rs. 12,000/- with an endorsement that the petitioner has already been received the said amount. Considering these facts, I am afraid, this Court can justifiably go into that aspect of the matter by invocation of the writ jurisdiction. Petitioner may approach the authority for ventilation of his grievance or may take recourse to any other forum(s) as are available to him in law. With these observations this application is disposed of. Safik (Kishore K. Mandal, J.)