IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2472 of 2010 SUPAN MAHTO , son of Late Badri Mahto of village- Mirpur Bhual, P.O. and P.S. Dighwara, District Saran Versus 1. THE STATE OF BIHAR 2. The Collector, Saran 3. The Anchal Adhikari, Dighwara, Saran 4. Upendra Rai, son of Ashok Rai, resident of village Mirpur Bhual, P.O. and P.S. Dighwara, District Saran --------- For the petitioner :M/s Srinandan Pd. Singh & Ashok Kumar, Advocates For the State :Mr. Arun Kumar Pandey, A.C. to G.P. XI 02/ 11.2.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner claims himself to be the raiyat of the lands detailed in paragraph 3 of the writ petition, measuring an area of 1 Bigha 1 Katha and 3 Dhurs in village Mirpur, P.S. Dighwara, District Saran, which is recorded in the name of his ancestor/ maternal grandfather, Ramchandra Mahto in the Cadestral and Revisional Survey Khatiyan. On account of change in course of river Ganga the land is again in cultivating possession of the petitioner. 3. By filing this writ petition, it is submitted on behalf of the petitioner that as he is in cultivating possession of the lands, the same be measured and the rent therefor be taken from him. For such purpose, he filed petition dated 17.3.2007, which is contained in Annexure-4 to this application and has been addressed to the Collector, Saran at Chapra. 4. Petitioner learnt from the information gathered from the Public Information Officer- cum- Additional Collector, Saran at Chapra under letter no. 346 dated 19.3.2008, Annexure-5, that the aforesaid request of the petitioner to realize rent of the lands in - 2 - question from him, as he is in cultivating possession of the lands, has been rejected on the advice of the Government Pleader, Saran. From the letter dated 19.3.2008, Annexure-5, it does not appear that any reason has been indicated for rejecting the request of the petitioner. 5. Accordingly, having heard counsel for the parties and having appreciated the contents of the letter dated 19.3.2008, Annexure-5, I direct the petitioner to file a fresh petition in terms of Section 5A of The Bengal Alluvion and Diluvion Act, 1847, which should be considered by the Collector, Saran after calling for report from the Field Officers about the cultivating possession of the petitioner over the lands in question and pass appropriate orders in accordance with law, as early as possible, in any case within three months from the date of receipt of the petition. 6. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)