IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13934 of 2007 BANKEY BIHARI SINGH Versus THE STATE OF BIHAR & ORS ----------- 3 2.2.2010 In the instant writ application the petitioner seeks a direction to the respondents to implement/execute the order dated 1.11.2006, contained in Annexure-11, issued on behalf of the Commissioner, Saran Division, Chapra, respondent no.2 by which the Additional District Magistrate, respondent no.4, has been directed to take necessary action for implementing the order dated 31.3.1998, contained in Annexure-1, passed by the Commissioner, Tirhut Division, Muzaffarpur in Case No.109 Misc. of 1976-77 seeking compliance report by 15.11.2006. The petitioner retired as an Ex-Army Personnel on 7.2.1985 as a Subedar bearing J.C.No.54633. While in service he made an application for settlement of land bearing plot no.1620, Khata No.62 of Village- Bahuri Patti, Marhowrah Division, which was lying parti. After detailed enquiry and on the basis of perusal of record, an area of 2.34 acres of land was settled in favour of the petitioner and order of fixation of rent was passed on 8.9.1997 by the Additional Collector. However, on 22.3.1976 the Collector, Saran Division set aside the order of the Additional Collector. The petitioner moved the learned Commissioner, Tirhut Division, Muzaffarpur against the order dated 22.3.1976 in Misc.Case No.109 of 1976-77, who vide order dated 31.3.1978 disposed of the appeal setting aside the order of learned Collector and the settlement made by the learned Additional Collector in favour of the petitioner was upheld to the extent of 1.20 acres 2 KHAN of land. The settlement of remaining 1.14 acres of land made with the petitioner by the Additional Collector was cancelled. The petitioner states that subsequently the Amin measured the land and the petitioner came in possession of the same. The grievance of the petitioner is that till date, the Circle Officer has not issued any rent receipt. The petitioner again moved the learned Commissioner, Tirhut Division. Consequently, as directed memo no. 4175 dated 1.11.2006 was issued by the Secretary of Commissioner, Saran Division requiring the Additional District Magistrate, Saran to comply with the directions therein latest by 15.11.2006. The petitioner states that despite the aforesaid order even rent receipt has not been issued to him till date. Learned State counsel submits that he is not in a position to state whether the order passed by the learned Commissioner dated 31.3.1978 passed in Case No.109 Misc. of 1976-77 stands or whether it has been altered by the superior court. As the matter is continuing since 1976, this court observes that if the petitioner files an application before the Collector, Saran at Chapra, he would pass necessary orders in accordance with law within a period of three months from the date of receipt/production of a copy of this order. It would be open to the petitioner to place the order of the Court of Commissioner, contained in Annexure-1 and 11. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)