IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6094 of 2009 BIHAR DASTAWEZ, NAVIS SANGH & ORS Versus THE STATE OF BIHAR & ORS ----------- 03. 10.12.2010 Heard learned counsel for the petitioners and learned counsel for the State. The petitioner is stated to be a registered society representing Deed Writers in the District of Gaya represented by its General Secretary. It is aggrieved by the order dated 9.4.2009, passed by the District Sub Registry, Gaya on the orders of the District Magistrate that the shed constructed in this Registry Office for use of Deed Writers would be allotted on basis of application invited from Deed Writers and who would have to pay rent for the same. It is submitted that the Deed Writers Association represented for facilities to be provided to its members in the premises of the District Registration office as far back as 1979-80. The Department of Registration at Gaya then wrote to the Executive Engineer, Public Works Department on 9.7.1980 that the members of the Deed Writers Association were willing to construct the shed at their own expense and for which lands were available in the Registration Office. The latter was requested to prepare an estimate on basis of which the Deed Writers 2 Association could be asked to make necessary deposit. The petitioners are stated to have deposited Rs. 27,000/- on 6.8.1990 and three sheds were constructed on conditions as noticed in Letter dated 3.7.1982 of the Department of Revenue and Land Reforms in the Registration Department. The sheds were required to be permanent. The plan should have been approved by the Building Construction Department. They shall have no rights over the land on which construction has been made which shall be used for Registration purposes only on days that the Registration office functioned. Counter affidavit has been filed on behalf of the respondents. The aforesaid facts are not denied. If the respondents by a conscious policy decision and proper application of mind allotted land area and permitted construction three of the sheds by the Deed Writers Association in the premises of the Registration Office at their own expense, the State Government cannot impose any now terms or conditions at variance with the same. If the State Government desires to take over the three sheds and then lease it out, it can be done only by a process of acquisition after payment of adequate compensation at the market rate as of today to the petitioner. 3 It is made clear that the present order is confined only to the three sheds stated to have been constructed in the year 1982 by the Association and any construction contiguous thereto for facilities such as Pathway, Toilets and Water Supply etc. The impugned notice dated 9.4.2009 is therefore quashed to the extent of the aforesaid three sheds only. As a consequence all orders consequential to the order dated 9.4.2009 automatically collapse. The application stands allowed. P.K. ( Navin Sinha, J.)