IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10696 of 2009 ***** Narendra Kumar S/o Late Braj Bhushan Sharma, R/o Village-Palya, P.S. Makhdumpur, District- Gaya. …. …. Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Jehanabad. 3. The Block Development Officer, Block Makhdumpur, District- Jehanabad. 4. The Circle Officer, Makhdumpur Block, District- Jehanabad. …. …. Respondents ----------- 2. 28.8.2009. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has a land measuring 1.14 acres which is plot no.1882/1589 relating to Khata No.214/3 in Makhdumpur Circle in the district of Jehanabad. It is primarily an agricultural land, which is not being converted to commercial use when the petitioner decided to set-up a cold storage on the same said land. Due to the said conversion the petitioner now wants the revenue authorities to do the conversion of nature of the land from agricultural to commercial. In this regard he made certain application to Circle Officer, Makhdumpur but nothing much seems to have been done though the Karamchari of the area certifies the position with regard to the petitioner’s statement which has been made in the writ application. The provision for such conversion is provided under Section 23(4) of the Bihar Tenancy Act. In this regard the competent authority who has been given the power is the District Magistrate. If that be so then the application of the petitioner made before the Circle Officer obviously has not been acted upon. They have a limited role in the sense that they - 2 - can only verify and certify about the land, the ownership etc. the final decision will have to be taken by the competent authority. In view of the above, let the petitioner file a fresh application before the District Magistrate, Jehanabad, who would be obliged to verify the position and pass appropriate order or direction keeping in mind the decision rendered in the case of Amar Singh v. State of Bihar, 2007(3) PLJR 225. The Court expects a decision in this matter by the District Magistrate within a period of three months from the date of communication/production of a copy of this order. This writ application stands disposed of with above direction. Pawan/- (Ajay Kumar Tripathi, J.)