IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4348 of 2006 SHYAM NANDAN KISHORE, SON OF SRI RAJ KISHORE, RESIDENT OF VILLAGE- RUPASPUR, P.S.- DANAPUR, P.O.- SAHE NAGAR, DISTRICT- PATNA :---PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMANDANT, BIHAR MILITARY POLICE-5, PATNA. 2. THE DIRECTOR, INFORMATION AND PUBLIC RELATION DEPARTMENT, BIHAR, PATNA 3. THE DY. SUPERINTENDENT OF POLICE, B.M.P.-5, PATNA. 4. THE CHIEF INSPECTOR, B.M.P.-5, PATNA. 5. THE INSPECTOR (MILITARY) HOME, B.M.P.-5, PATNA. 6. THE SABHAPATI (CHAIRMAN), B.M.P.-5, PATNA. 7. THE MANTRI, BIHAR MENS ASSOCIATION, BRANCH, B.M.P.-5, PATNA. 8. THE DISTRICT MAGISTRATE, PATNA. 9. THE SENIOR SUPERINTENDENT OF POLICE, PATNA. 10. ADD. DIRECTOR GENERAL OF POLICE, MILITARY POLICE, BIHAR, PATNA :---RESPONDENTS. ----------- For the petitioner : M/S. Ram Hriday Prasad & Masuti Kumari, Advocates For the State : Mr. J.P.Karn, A.A.G.-4 Mr. Ashok Kumar Dubey, A.C. to A.A.G.-4. ====== 2. 10.03.2011. Having considered the request made in Interlocutory Application No. 4159 of 2007 petitioner is granted liberty to implead Additional Director General, Military Police, Bihar, Patna as Respondent No. 10 in the application. 2. I.A.No. 4159 of 2007 is, accordingly, disposed of. 3. Heard learned counsel for the petitioner and the Respondents. 4. Petitioner was settled with the tank situate in the campus of B.M.P.-5 under Terms of Settlement dated 15.11.2005, Annexure-1. Subsequently, the Terms of Settlement was revised under subsequent 2 resolution of the authorities dated 13.12.2005 which was communicated to the petitioner under Memo No. 3386 dated 20.12.2005, Annexure-4. While the petitioner continued with the settlement and digging of the pond during the period between 03.01.2006 till 13.01.2006 he deposited a sum of Rs. 33500/- in the account of the B.M.P.-5. The digging of the pond was stopped by the Commandant in compliance of the instructions of the Additional Director General, Military Police under letter dated 14.01.2006 (Annexure-B to the counter affidavit) and the matter was directed to be enquired into by the Commandant who submitted report dated 18.01.2006, Annexure-C to the counter affidavit. Inspite of submission of the report dated 18.01.2006 petitioner has not been allowed to continue with the settlement of the pond although according to the petitioner he has not violated any of the terms of the settlement. 5. Counsel for the State, however, submitted that from the report of the Commandant, it would appear that petitioner had used the soil dug out from the pond for his own private purpose without paying the cost of the soil to the force and it appears that for such failure of the petitioner to have paid the cost of the soil he has not been allowed to continue with the 3 settlement of the pond. 6. Having heard counsel for the petitioner and the State and also having perused the report of the Commandant dated 18.01.2006, Annexure-C it appears that petitioner continued with the digging of the soil for the period between 03.01.2006 till 13.01.2006 for which he deposited a sum of Rs. 33,500/- in the account of B.M.P.-5 and if there is any amount which is due from the petitioner in regard to the cost of the soil he has used for his own purpose, the authorities, in my opinion, should ask the petitioner to deposit the said amount in the coffers of the force and permit him to continue with the settlement as till date the authorities of the force have not cancelled his settlement. 7. The writ application is, accordingly, disposed of. P.K.P. ( V.N.Sinha, J.)