IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.393 of 2011 MANOJ KUMAR SHAHI, Son of late Jata Narain Shahi, Resident of Village- Ahirwaliya, Police Station- Ghautarwa, District- West Champaran. . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector, West Champaran at Bettiah. 3. The Sub-Divisional Officer, Bagaha, District- West Champaran. 4. The Circle Officer, Bhitaha, District- West Champaran. 5. The Special Cane Officer, Gopalganj, District- Gopalganj. . . . . . Respondents. ----------- 2/ 25.02.2011 Heard counsel for the parties. The petitioner seeks modification of order dated 04.09.2009 passed in C.W.J.C. No. 11385 of 2009, particularly in respect of last but one paragraph of the order. Learned counsel for the petitioner submits that Sugar cane grown on the land in village Karahia Basauli was cut and supplied to Hari Nagar Sugar Mill. The Sugar Mill made payment of the same in cheque in the name of the S.D.O., West Champaran at Bagaha, which was deposited in the Government treasury. The petitioner stated that he is entitled for payment of the aforesaid amount, as it was given in lieu of supply of Sugar cane to the Mill. Learned counsel submits that this Court observed that in case petitioner has supplied the Sugar cane to the Mill which had deposited the money in favour of S.D.O., West Champaran at Bagaha by cheque, there could be no reason of not making payment of the same. Learned counsel submits that on account of disturbances made by anti-social element the Sugar cane from his land was cut with the help of District Administration, which carried the same to the Sugar Mill. In support of his submissions, learned counsel has referred to letter 2 no.602 dated 03.07.2009 of S.D.O. West Champaran, Bagaha and the order of Collector including the letter no. 208 dated 13.07.2010 as well as order of the Additional Collector. Counsel for the State submits that he has no instruction in the matter. Having regard to the facts and circumstances of the case and also in view of various letters of the authorities as mentioned above, this court observes that if the Sugar Cane has been supplied to the Sugar Mill from the petitioner’s land, the money deposited by the Mill should be paid to him. With the aforesaid direction order dated 04.09.2009 passed in C.W.J.C. No. 11385 of 2009 is modified to the aforesaid extent. Uday/ (Samarendra Pratap Singh, J.)