IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8962 of 2011 Renu Bhatnagar w/o Anil kumar Bhagnagar, Lohapath, Post office Janakpur Road, Police station Pupri, Sitamarhi. Versus 1. The State of Bihar Trhough the Chief Secretary, Govt. Of Bihar, Patna 2. The Principle Secretary, Urban Development and Housing Construction Department, Government Of Bihar, Patna 3. The Deputy Secretary cum Director, Urban Development-Cum- House Construction Department, Govt. Of Bihar, Patna 4. The Commissioner, Tirut Division at Muzaffarpur, 5. The District Magistrate, Sitamarhi 6. The Additional Collector, Sitamarhi at Sitamarhi 7. The Executive Officer, Municiplal Corporation Janakpur Road, Distt. - Sitamarhi 8. The Circle Officer, Pupri, Sitamarhi ---------------------------------- 2 21.12.2011. Heard learned counsel for the petitioner and the respondents. The petitioner, one of the ward councillors of Nagar Panchayat, Janakpur Road, Sitamarhi, prays for quashing letter dated 8.1.2011 contained in Memo no. 49 issued by Additional Collector, Sitamarhi, whereby he directed the Executive officer, Nagar Panchayat, Janakpur Road not to act pursuant to proposal no.2, dated 29.12.2010 whereby decision has been taken to raise revenue by levying tax, toll, fees, cess etc on Sairats. The petitioner submits that section 100 of the Bihar Municipal Act, 2007 (in short the Act) states that all the movable and immovable properties of the 2 categories mentioned therein within the limits of a municipal area, not belonging to any Government department or statutory body (excluding Zila Parishad or corporation), shall vest in the Municipality, unless the State Government directs otherwise by notification. The petitioner further submits that the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar vide his letter dated 7.12.2010 addressed to all Divisional Commissioners and Collectors of the districts has communicated that all erstwhile Sairats which were under the control of Revenue department would now vest with the Municipal bodies. The petitioner submits that the impugned letter dated 8.11.2010 of the Addl Collector is in teeth of section 100 of the Act as well as letter dated 7.12.2010, issued by the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar. Mr Tej Bahadur Singh, learned AAG 7 submits that the Addl Collector does not deny that the Sairat would not vest with the Municipal bodies, but what he tried to emphasize is that till the Revenue and 3 Land Reforms Department, Government of Bihar notifies that such Sairats would vest with the Municipal bodies, the latter cannot use such Sairats for raising revenue. It appears that the Commissioner, Tirhut Division, Muzaffarpur is in seisin of the matter and in fact vide Letter no. 04 dated 3.3.2011 has sought cause from the Addl Collector, Sitamarhi. The learned Commissioner, Tirhut Division, Muzaffarpur would dispose of the matter within a period of 10 weeks from the date of receipt of a copy of this order. The writ petition is thus disposed of. Shashi. (Samarendra Pratap Singh, J.)