IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1369 of 2006 LAXMI RAM, SON OF SRI GANESH RAM, RESIDENT OF BAKOUR, POLICE STATION ISLAMPUR, DISTRICT NALANDA AT PRESENT CIVIL COURT COMPOUND HILSA. Versus 1. THE STATE OF BIHAR 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT HILSA DISTRICT NALANDA. With CWJC No.1499 of 2006 VIJAY KUMAR SINGH, SON OF LATE RAM CHANDRA SINGH, RESIDENT OF BHOJPUR NIWAS STATION ROAD HILSA, POLICE STATION HILSA, DISTRICT NALANDA, AT PRESENT CIVIL COURT COMPOUND HILSA, NALANDA. Versus 1. THE STATE OF BIHAR 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT HILSA DISTRICT NALANDA. With CWJC No.1537 of 2006 RAJENDRA PRASAD, SON OF HARI RAM, RESIDENT OF HILSA, POLICE STATION HILSA, DISTRICT NALANDA AT PRESENT CIVIL COURT COMPOUND HILSA, NALANDA Versus 1. THE STATE OF BIHAR 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT HILSA DISTRICT NALANDA With CWJC No.5746 of 2006 INDRADEB PRASAD YADAV, SON OF LATE SHIVA YADAV, RESIDENT OF MOHALLA SHALU GANJ, POLICE STATION 2 BIHAR SADAR DISTRICT NALANDA. AT PRESENT CIVIL COURT COMPUND BIHARSHARIF, DISTRICT NALANDA. Versus 1. THE STATE OF BIHAR 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT NALANDA AT BIHARSHARIF. With CWJC No.5759 of 2006 ARJUN PRASAD, SON OF LATE DHARAM SAO, RESIDENT OF VILLAGE GARAH PAR, POLICE STATION BIHAR SADAR DISTRICT NALANDA, AT PRESENT CIVIL COURT COMPUND BIHARSHARIF, DISTRICT NALANDA. Versus 1. THE STATE OF BIHAR 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT BIHARSHARIF, DISTRICT NALANDA. With CWJC No.5860 of 2006 PRABHAKAR KUMAR, SON OF LATE MEBALAL, RESIDENT OF MOHALLA GARHPAR, POLICE STATION BIHAR SADAR, DISTRICT NALANDA AT PRESENT CIVIL COURT COMPOUND BIHAR SHARIF DISTRICT NALANDA. Versus 1. THE STATE OF BIHAR 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT NALANDA AT BIHARSHARIF. With CWJC No.5963 of 2006 UMESH PRASAD, SON OF LATE KASHI RAM, RESIDENT OF MOHALLA GARH PAR, POLICE STATION BIHAR SADAR, DISTRICT NALANDA, AT PRESENT CIVIL COURT COMPOUND BIHAR SHARIF DISTRICT NALANDA. 3 Versus 1. THE STATE OF BIHAR 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT HILSA DISTRICT NALANDA With CWJC No.5969 of 2006 RAMASHISH RAM, SON OF LATE RANGI RAM, RESIDENT OF MOHALLA GARHPAR, POLICE STATION BIHAR SADAR, DISTRICT NALANDA, AT PRESENT CIVIL COURT COMPOUND BIHARSHARIF AT NALANDA. Versus 1. THE STATE OF BIHAR 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT NALANDA AT BIHARSHARIF. With CWJC No.6123 of 2006 DOMAN PRASAD SINGH, SON OF LATE RANJI RAM, RESIDENT OF GARHPAR, POLICE STATION BIHAR SADAR, DISTRICT NALANDA, AT PRESENT CIVIL COURT COMPOUND BIHAR SHARIF DISTRICT NALANDA Versus 1. THE STATE OF BIHAR 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT HILSA DISTRICT NALANDA With CWJC No.1373 of 2006 BUJHABAN RAM, SON OF LATE BULAK RAM, RESIDENT OF VILLAGE YASHWANTPUR, POLICE STATION CHANDI, DISTRICT NALANDA, AT PRESENT CIVIL COURT CAMPUS, HILSA, NALANDA Versus 1. THE STATE OF BIHAR 4 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT HILSA DISTRICT NALANDA With CWJC No.1423 of 2006 BRIJ KISHORE PRASAD, SON OF LATE RAM LAKHAN RAM, RESIDNET OF KARAI PARSURAI, POLICE STATION HILSA, DISTRICT NALANDA, AT PRESENT CIVIL COURT COMPOUND HILSA, POLICE STATION HILSA, DISTRICT NALANDA Versus 1. THE STATE OF BIHAR 2. THE HIGH COURT OF JUDICATURE AT PATNA, THROUGH REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT PATNA. 3. DISTRICT JUDGE, NALANDA AT BIHARSHARIF. 4. INCHARGE JUDGE(ADMINISTRATION) CIVIL COURT BIHARSHARIF, DISTRICT NALANDA. 5. INCHARGE JUDGE CIVIL COURT, COURT NAJARAT HILSA DISTRICT NALANDA ====== For the petitioners : M/s Anil Kumar Singh, Rajesh Kr. Singh, Advocates. For the State : M/s Din Bandhu Singh, GP-IX, Umesh Kumar, AC to GP-I, Prashant Sinha, AC to GP-I, Prashant Kumar, AC to GP-I, Anirudh Mishra, AC to GP-XIII, Neeraj Raj, AC to GP-XI, Sourendra Pandey, AC to SC-23. For respondents 2 to 5 : Mr. Abhinay Raj, Advocate. ----------- 03. 25.01.2011 Heard learned counsel for the petitioners, the State and the counsel for respondent nos.4 and 5. 2. Petitioners in this batch of writ petitions are the allottee of land in the civil court campus, Biharsharif and Hilsa by the District Judge, Nalanda at Biharsharif over which they have raised shops. These writ petitions have been filed against the notice issued by the Judge Incharge, Nazarat dated 21.11.2005, 1.12.2005, whereunder allottee 5 of land within the campus of civil court Biharsharif and Hilsa have been directed to deposit rent of the area allotted to them @ Rs.15,10/- per square foot respectively for the years 2003-04, 2004-05, 2005-06 and onwards. 3. It is submitted on behalf of the petitioners that notice dated 21.11.2005, 1.12.2005 have been issued by the Judge Incharge, Nazarat in compliance of the directions of the High Court contained in letter no.5876 dated 16.8.2005 issued by the Incharge Registrar (Administration) who requested the District Judge, Nalanda at Biharsharif to fix the rent of the shop at market value(per square foot) or by seeking report from the District Magistrate, Nalanda at Biharsharif. It appears in compliance of the instruction contained in letter dated 16.8.2005 report was sought from the District Engineer, Nalanda who submitted report dated 14.11.2005 advising the Judge Incharge, Nalanda to realize rent for the land allotted within the civil court campus at Biharsharif and Hilsa @ Rs.15,10/- per square foot. It is submitted by the counsel for the petitioners that direction of the Registrar (Administration) contained in letter dated 16.8.2005 has been issued without adverting to the earlier directions of the High Court contained in letter no.1117-56 dated 9.3.1995, Annexure-D to the counter affidavit filed in C.W.J.C. No.5746 of 2006 whereunder the District Judge is 6 authorized to revise the rent of the shop allotted to the petitioners licencee within the civil court campus by 10% in the alternate year. It is also submitted that after issue of letter dated 9.3.1995 petitioner(s) licencee revised the rent of the shop on their own by 10% every alternate year. In view of the earlier instructions of the High Court contained in letter dated 9.3.1995 subsequent instruction dated 16.8.2005 should not have been issued without making a reference of the earlier instruction. 4. Counsel for respondent nos.4 and 5 does not dispute the fact that petitioners are licencee of the shop from before the issue of letter dated 9.3.1995 and that they have been revising rent in compliance of the instructions contained in Clause-(v) of the said letter. 5. Having heard counsel for the parties, I am of the view that District Judge, Nalanda at Biharsharif is the licensor who has granted permission to the petitioners to organize their shop for the benefit of the litigant and others coming to the civil court campus by providing them with the space in the civil court campus. The licence fee/rent of the space given to the petitioners is required to be increased at the flat rate of 10% every alternate year in the light of the instruction of the High Court contained in letter dated 9.3.1995, Annexure-D to the counter affidavit filed in C.W.J.C. No.5746 of 2006. Petitioners have been revising 7 the licence fee/rent of the premises by 10 % every alternate year, which fact is not being disputed by the counsel for respondent nos.4 and 5. In the circumstances, I set aside the impugned notice dated 21.11.2005, 1.12.2005 with direction to the petitioners to abide by the contents of Clause-(v) of letter no.1117-56 dated 9.3.1995, Annexure-D to the counter affidavit filed in C.W.J.C. No.5746 of 2006 until the same is revised by the High Court. Arrears of licence fee/rent for the period 2003-04, 2004-05, 2005-06, 2006-07 and onwards be paid by the petitioners, as early as possible, in any case within 30 days from today. 6. I.A. Nos.579 of 2011, 580 of 2011 filed in C.W.J.C. Nos.6123 of 2006 and 5969 of 2006 is permitted to be withdrawn with liberty to the petitioners to represent before the District Judge, Nalanda at Biharsharif as thereunder prayer has been made to remove the wall, which has been raised in front of the shop of the petitioners and is not connected with the prayer made in the writ petitions. 7. The writ application(s) are, accordingly, disposed of. 8. Let this order be placed before Hon’ble the Chief Justice for appropriate direction in the matter. Rajesh/ ( V. N. Sinha, J.)