IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5564 of 2006 1. UMESH SINGH, SON OF LATE RADHA KANT SINGH. 2. BACHCHA RAI, SON OF LATE RAM DENI RAI. BOTH RESIDENT OF VILLAGE- SUNDERAPUR, PACHHEYARI TOLA, P.O.- SUNDERAPUR, P.S.- KESHARIYA, DISTRICT- EAST CHAMPARAN :---PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, WATER RESOURCES DEVELOPMENT GOVT. OF BIHAR, PATNA. 3. THE ENGINEER-IN-CHIEF (NORTH) WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, CHAMPARAN DIVISION, MOTIHARI. 5. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, MOTIHARI. 6. THE COLLECTOR EAST CHAMPARAN, MOTIHARI. 7. THE EXECUTIVE ENGINEER, CHAMPARAN DIVISION, MOTIHARI. 8. THE SUB-DIVISIONAL OFFICER, CHAMPARAN EMBANKMENT SUB-DIVISION, MOTIHARI. 9. THE ASSISTANT ENGINEER, CHAMPARAN EMBANKMENT SUB-DIVISION, MOTIHARI, DISTRICT- EAST CHAMPARAN, MOTIHARI :---RESPONDENTS. ----------- 2. 18.03.2011. Heard learned counsel for the petitioners and the State. 2. Petitioners are the settlee of the Chat land situate by the side of the Gandak river in Village- Sundrapur Pachheyari Tola, P.S. Keshariya, district- East Champaran. They are aggrieved by the notice dated 30.1.2006, Annexure-1, whereunder they have been asked to deposit the arrears of land rent failing which certificate case shall be filed against them. It is submitted on behalf of the petitioners that they are not required to pay arrears of rent in the light of the instructions of the Engineer-in- Chief, North contained in Memo No. 723 dated 2 06.04.2002, Annexure-2 as the said letter was addressed to the Chief Engineer, Water Resource Department, Purnea Zone and was for such lands over which fruit growing trees are planted. Aforesaid objection, in my opinion, petitioners should raise before the authority who has issued the notice, Annexure-1 so as to enable the authority to pass appropriate order in the matter. 3. With the aforesaid direction the writ petition is disposed of. P.K.P. (V.N.Sinha,J.)