IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.548 of 2008 RADHEY SHYAM SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Appellant : Mr. Arun Kumar No.-I, Advocate For the Respondents : Mr. Satyabir Bharti, Advocate ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Dr. Ravi Ranjan ------------ Dated, the 7th August, 2008. During the course of arguments, the counsel for the appellant submitted that the crops sown by the appellants during the subsistence of lease are standing over the subject site. He would also submit that banana trees planted by the appellant presently bear fruits in clusters. He, thus, submitted that the appellant may be permitted to harvest the standing crops and the banana fruits. 2. The Government counsel was not averse to the permission being granted to the appellant to harvest the standing crops and the banana fruits but he submitted that a Court Commissioner may be appointed under in whose supervision the appellant may harvest the standing crops and the banana fruits. He also submitted that by grant of such permission, the appellant must not obstruct the ongoing construction of the hospital on the subject land. 3. Having thoughtfully considered the submissions - 2 - of the counsel for the parties, we are satisfied that the following order shall meet the ends of justice: - (i) Mr. Rajesh Kumar Singh, Advocate practicing in the High Court is appointed as a Court Commissioner, under whose supervision the appellant is permitted to harvest the crops standing over the subject land and banana fruits. (ii) The Court Commissioner shall, within three days from today, visit the subject site and prepare a report with regard to the standing crops and banana trees. At the time of preparation of the report, the appellant and the Circle Officer, Patori, district Samastipur may remain present. (iii) The harvest of the standing crops and bananas fruits is permitted upto 15th October, 2008. It will be open for the Circle Officer to depute the officials of Circle Office, Patori at the time of harvesting. (iv) The aforesaid permission to the appellant is subject to his filing an undertaking before this Court within two weeks from today that he would not obstruct the ongoing construction of hospital on the subject site and that after 15th October, 2008, he or his agents will not enter the subject land. (v) We quantify the Commissioner’s fee at rupees ten thousand, which shall be borne by the appellant and paid to the Court Commissioner within ten days from today. The appellant shall also bear the traveling and other incidental expenses of the Court - 3 - Commissioner. (vi) The subject land shall continue to be under the watch of the respondents. 4. We order accordingly. 5. Appeal stands disposed of. 6. Copy of this order duly authenticated by the Court Master may be made available to the Court Commissioner, the counsel for the appellant and the Government counsel on payment of usual copying charges. R. M. Lodha, CJ Dr. Ravi Ranjan, J Pawan/-