IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1117 of 2010 RAMADHAR SINGH, SON OF LATE SHYAM NARAYAN SINGH, RESIDENT OF VILLAGE DANGRA AHAR, POLICE STATION ARWAL IN THE DISTRICT OF ARWAL. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY LAND REFORM GOVERNEMNT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE CUM COLLECTOR, ARWAL. 3. THE SUB DIVISIONAL OFFICER, ARWAL. 4. THE CIRCLE OFFICER, ARWAL. 5. THE SECRETARY VIDYALAYA SHIKSHA SAMITI UPGRADED MIDDLE SCHOOL, DANGARA AHAR, ARWAL. 6. THE HEAD MASTER UPGRADED MIDDLE SCHOOL, DANGARA AHAR, ARWAL. ----------- 02. 22.01.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the no objection certificate granted by the Circle Officer, Arwal under Memo No. 547 dated 19.12.2009, Annexure-1, whereunder Middle School, Dangra Ahar has been permitted to raise construction over 12 decimals of land bearing plot No.800 appertaining to khata No.86 of village Dangra Ahar. 3. It is submitted on behalf of the petitioner that he is the raiyat in possession of the aforesaid land and without notice to him aforesaid certificate has been issued and this Court should set aside the no objection certificate issued in favour of the aforesaid school on the ground that before grant of such certificate petitioner was not noticed. 4. Counsel for the State, Sri B.K.P. Sinha, GP-3 has opposed the prayer made in this application. He submits that the total area of plot No.800 of village Dangra Ahar has not been indicated in the petition and the rent receipts, Annexure-2 as also the order sheet, - 2 - Annexure-3 only indicate that petitioner is entitled to pay rent of 16 decimals of land in the said plot. The 12 decimals of land for which no objection has been granted may be beyond 16 decimals in the same plot, for which no objection has been issued by the Circle Officer, Arwal. 5. Having heard counsel for the parties, I direct the petitioner to challenge the contents of no objection certificate bearing Memo No.547 dated 19.12.2009, Annexure-1 by filing representation before the Collector, Arwal and the Collector after seeking report about the total area of the plot in question from the Circle Officer, Arwal should pass appropriate order in the light of the rent receipts and the order sheet, Annexures-2 and 3. The Collector is expected to pass order as early as possible, in any case within one month from the date of receipt of the representation of the petitioner along with a copy of this order before him. Any construction made in the meanwhile by the school in question shall be subject to the result of the order passed by the Collector, Arwal. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)