IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7657 of 2010 1. MOHAN SAH, S/o- Late Raghunath Sah, R/o- Village- Dhodhwalia, P.S.- Kuchai Kot, District- Gopalganj, through its Administrator. 2. Rupauli Thana Nao Yatayat Sahyog Samiti Ltd. Sahni Tola Rupauli through its Administrator Mohan Sah, S/o- Late Raghunath Sah, R/o- Village- Dhodhwalia, P.S.- Kuchai Kot, District- Gopalganj :---- Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector, Purnea. 3. The Addl. Collector, Purnea. 4. The Sub-Divisional Officer, Baisi, Purnea. 5. The Anchal Adhikari, Baisi Anchal, Baisi. 6. The Joint Registrar Co-operative Society Purnea Pramandal Purnea. :-- Respondents. ----------- 02. 03.05.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the general notice issued for settlement of six Ghats dated 23.04.2010, Annexure-1 fixing 4.5.2010 as the date for holding auction. It is submitted on behalf of the petitioner that in the light of the provisions of the Circular of the State Government dated 09.05.2001, Annexure-3 the settlement of the Ghats in-question has to be made in favour of the Rupauli Thana Nao Yatayat Sahyog Samiti Ltd. (hereinafter referred to as the “Society”) and in the light of the instructions contained in the said circular recommendations have been made in favour of the petitioner-Society by the Joint Registrar, Purnea under Memo dated 3rd February, 2008, Annexure-4 but ignoring such recommendation made in favour of the petitioner-Society the Sub-Divisional Officer, Baisi has proceeded to issue notice dated 23.04.2010, Annexure-1. In this connection petitioner has requested the authorities under representation dated 29.03.2010, Annexure-2 to make settlement of the Ghats in-question in favour of the Society but ignoring such representation notice dated 23.4.2010, Annexure-1 has been issued. Learned counsel for the petitioner further states that Sub-Divisional Officer has also ignored the direction of this Court contained in order dated 20.07.2009 passed in C.W.J.C.No. 9510 of 2008 and analogous cases, Annexure-5. - 2 - 3. Let the petitioner appear before the authority who is to conduct the auction of the Ghats in-question on 4.5.2010 and submit his representation along with a copy of my order whereafter the authority vested with the jurisdiction to make settlement would consider the contents of the circular letter dated 9.5.2001, Annexure-3, order of this Court dated 20.7.2009, Annexure-5 and 23.3.2010, Annexure-7 as also the representation of the petitioner dated 29.3.2010, Annexure-2, recommendation made by the Joint Registrar dated 03rd March, 2008 and if the petitioner-Society is not a defaulter then consider its case for settlement granting preference. In the event settlement is not made in favour of the petitioner-Society then the authorities settling the Ghats in-question by way of auction shall pass a reasoned order as to why they have not considered the case of the petitioner-Society in the light of the documents and submissions noted above. 4. The writ application is, accordingly, disposed of. 5. Let this order be communicated to the District Magistrate, Purnea/Sub-Divisional Officer, Baisi through fax on payment of usual charges by the petitioner. P.K.P. (V.N.Sinha,J.)