IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1444 of 2006 HARISH CHANDRA THAKUR, S/O RAMESHWAR THAKUR, RESIDENT OF SHOP NO. 44/86-87, WARD NO.15, GOENKA COLLEGE, P.S. AND DISTRICT- SITAMARHI. .. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHAS MAHAL, SITAMARHI. .. RESPONDENTS. with CWJC No.1452 of 2006 1. UMA SHANKER PD. S/O LATE KISUN SAH A RESIDENT OF HOLDING NO. 45/86-87. 2. RAMA SHANKAR PD S/O SIYARAM PD A RESIDENT OF HOLDING NO. 49/86-87 BOTH ARE THE RESIDENTS OF THE GOYANKA COLLEGE ROAD, P.S. + P.O. SITAMARIH, DISTRICT SITAMARIH … PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY OLD SECRETARIAT BELO RD. PATNA. 2. THE COLLECTOR, SITAMARIH DISTRICT- SITAMARIH 3. THE DEPUTY COLLECTOR (INCHARGE OF KHASH MAHAL) DISTRICT- SITAMARIH. … RESPONDENTS. with CWJC No.1475 of 2006 SARFFUDDIN KHAN, S/O SAHBUDDIN KHAN, RESIDENT OF BHAWEDPUR, WARD NO.14, P.S. AND DISTRICT- SITAMARHI. .. PETITIONER. Versus 1 THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2 DISTRICT MAGISTRATE, SITAMARHI. 3 DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. 2 with CWJC No.1478 of 2006 DR.V.K.BASU, S/O LATE GANESH PRASAD, RESIDENT OF SHOP NO. 6/86-87, WARD NO.15, GOENKA COLLEGE, P.S. AND DISTRICT- SITAMARHI. … PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. with CWJC No.1481 of 2006 REKHA SINHA, W/O LATE DR. ARUN KUMAR, RESIDENT OF GUDRI BAZAR, WARD NO. 14, P.S. & DISTRICT- SITAMARHI. .. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. with CWJC No.1531 of 2006 RAM SWAROOP PRASAD, S/O SURAJ PRASAD, RESIDENT OF SHOP NO.19/86-87, WARD NO.15, GOENKA COLLEGE, P.S. & DISTRICT- SITAMARHI. .. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. with CWJC No.1544 of 2006 3 NARESH KUMAR SHARMA, S/O UMA DUTTA SHARMA, RESIDENT OF SHOP NO. 51/86-87, WARD NO.15, GOENKA COLLEGE, P.S. AND DISTRICT- SITAMARHI. … PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. with CWJC No.1579 of 2006 JAGDISH PRASAD, S/O RAM PRASAD SAH, RESIDENT OF SHOP NO. 86/86-87, WARD NO.15, GOENKA COLLEGE, P.S. AND DISTRICT- SITAMARHI. .. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. with CWJC No.1746 of 2006 PARAS NATH PRASAD, S/O LATE RAMASHISH SAH. RESIDENT OF KOAT BAZAR, WARD NO.7, AT PRESENT SHOP NO. 68/86-87, WARD NO.15, GOENKA COLLEGE, P.S. AND DISTRICT- SITAMARHI. .. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. with CWJC No.1748 of 2006 4 UMESH KUMAR SINGH, S/O DASHRATH PRASAD SINGH, RESIDENT OF SHOP NO. 94/86-87, WARD NO.15, GOENKA COLLEGE, P.S. AND DISTRICT- SITAMARHI. … PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. with CWJC No.1769 of 2006 ASHOK KUMAR GUPTA, S/O KRISHNA KUMAR GUPTA, RESIDENT OF SHOP NO. 9/86-87, WARD NO.15, GOENKA COLLEGE, P.S. & DISTRICT- SITAMARHI. .. PETITIOINER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. with CWJC No.1778 of 2006 RAMESHWAR PRASAD, S/O JAGDISH PRASAD, RESIDENT OF SHOP NO.54/86-87, WARD NO.15, GOENKA COLLEGE, P.S. AND DISTRICT- SITAMARHI. .. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. with CWJC No.1781 of 2006 5 NISAR AHMED KHAN, S/O LATE ISRAIEL KHAN, RESIDENT OF BHAWDEPUR, SHOP NO.11/86-87, WARD NO.15, GOENKA COLLEGE, P.S. AND DISTRICT- SITAMARHI. … PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, SITAMARHI. 3. DEPUTY COLLECTOR (INCHARGE) KHASMAHAL, SITAMARHI. .. RESPONDENTS. For the Petitioners: M/s. Rupak Kumar and S.S.P. Yadav, Advocate. For the State: Mr. Ajay Kumar Sharma, A.C. to AAG-1. ----------- 4. 27.01.2011 Heard learned counsel for the petitioners and the State. 2. Petitioners in this batch of the writ petitions are the allottees of the shop in the premises of the Goenka College, Sitamarhi which is situate over Khas Mahal land. They are aggrieved by the notice issued by the Deputy Collector In-charge, Khas Mahal, Sitamarhi dated 31.8.2005, 6.09.2005, 19.7.2005, 19.07.2005, 23.09.2005, 19.07.2005, 6.09.2005, 19.ix.2005, 19.ix.2005, 23.09.2005, 19.07.2005, 19.ix.2005, 19.07.2005, as Annexure- 1 or 2 in the writ petition. It is submitted on behalf of the petitioners that Deputy Collector In-charge, Khas Mahal, Sitamarhi issued aforesaid notice with 6 reference to the orders of this Court passed in M.J.C. No. 3719 of 1998 and C.W.J.C. No. 1089 of 2001 as also with reference to the report of the Comptroller and Auditor General of India and the Public Accounts Committee of the State Legislative Assembly but neither the orders of this Court nor the report of the Comptroller and Auditor General of India nor of the Public Accounts Committee of the State Legislative Assembly has any bearing in the matter. Reference to those orders/reports for raising the rent of the shop of the petitioners and on their failure to pay the enhanced rent to initiate action against them under the Public Demand Recovery Act as also to forcibly evict them from the shop premises is wholly illegal and contrary to law. It is further submitted on behalf of the petitioners that eviction of the allottees of the shop can take place only by resorting to the process under the Bihar Buildings (Lease, Rent and Eviction) Control Act and the allottees cannot be evicted forcibly. It is further submitted that the rent payable by the allottees is not a public demand within the meaning of the Public Demand Recovery Act. 3. Having heard counsel for the parties, I direct the petitioners to raise the objection which has been raised 7 in these petitions before the Deputy Collector In-charge, Khas Mahal, Sitamarhi who shall consider the same and pass appropriate order over the same as early as possible, in any case within two months from the filing of the show- cause. Petitioners should file their show-cause within one month from the date of receipt of the certified copy of this order. Until disposal of the objection by the Deputy Collector In-charge, Khas Mahal, Sitamarhi, coercive measure be not taken against the petitioners. 3. With the aforesaid observation, these writ petitions are disposed of. Ibrar/ ( V. N. Sinha, J.)