IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16526 of 2008 SMT. ANIMA BANERJEE, WIFE OF LATE AMAR NATH BANERJEE, RESIDENT OF OFF FRASER ROAD, P.S. KOTWALI, DISTRICT AND TOWN PATNA. Versus 1. THE STATE OF BIHAR THROUGH REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA. 2. DIVISIONAL COMMISSIONER, PATNA DIVISION, PATNA. 3. DISTRICT MAGISTRATE CUM COLLECTOR, PATNA. 4. ADDL. COLLECTOR (REVENUE) CUM KHAS MAHAL OFFICER, COLLECTORATE, PATNA. ----------- 12. 15.12.2010 Heard learned counsel for the petitioner and the State. 2. Request of the petitioner for grant of permission to raise multi story building over the Khas Mahal property, which has been leased out in favour of her ancestor has been refused by the Collector, Patna vide order communicated under memo no.3484 dated 26.8.2008, Annexure-1, perusal whereof indicates that refusal has been made on the ground that there are defects in the request made by the petitioner. During the pendency of the writ case petitioner has been served with another letter bearing No.431 dated 8.2.2010, Annexure-11, whereunder she has been informed that her request for grant of permission for raising the multi story building cannot be considered as the policy of the State Government with regard to the Khas Mahal Land is under consideration, such information has been given to the petitioner in the light of the instructions contained in letter of the Principal Secretary, Revenue and Land Reforms Department bearing No.644 dated 29.5.2008, Annexure-10. 3. It is submitted on behalf of the petitioner that formulation of the Khas Mahal land policy by the State Government is under - 2 - consideration for more than two years and on account of failure of the State Government to evolve the Khas Mahal land policy further development of the plot has been kept in abeyance, which is to the detriment of the petitioner. From perusal of the letter of the Principal Secretary, dated 29.5.2008, Annexure-10, it is evidence that the revision of the Khas Mahal land policy of the State Government is under consideration of the State Government for over two years. In the circumstances, I am of the view that the State Government should finalize its Khas Mahal land policy at an early date, preferably within three months from the date of receipt of this order so as to enable the petitioner to take steps for further development of her property. Once the Khas Mahal land policy of the State Government is finalized, the authorities will take appropriate decision in the matter, bereft of their instruction contained in Annexure-1. 4. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)