IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2754 of 2009 SITA RAM CHAUDHARY Versus NAGAR PARISHAD SIWAN & ORS ----------- 2. 28.2.2009 Heard counsel for the petitioner and the counsel for the State. It appears that the petitioner has become victim of some unforeseen circumstances in which even if a settlement was made in his favour by Siwan Nagar Parishad for a period between 1.4.2008 to 31.3.2009, he could not avail the benefit of such settlement for a limited period of two months on account of some stay order passed by this Court. Counsel submits that ultimately the stay order was vacated and the petitioner has been able to reap part of the benefit of such settlement by remaining in possession for a period of ten months but then the loss of revenue caused to him for a period of two months must be and should be compensated by Siwan Nagar Parishad by either extending his period of tenure of settlement upto 31.5.2009 or by directing Siwan Nagar Parishad to pay the proportionate revenue for two months. Such 2 prayer though appear to be innocuous in the first blush but in reality it amounts to determination of rights of the parties concluded by a non-statutory contract. It is this aspect of the matter, which would preclude this Court from exercising its power under Article 226 of the Constitution of India in respect of either of the two reliefs being prayed in this writ application. This Court, however, has no difficulty in accepting that part of the submission of the petitioner that his representation for this purpose is pending consideration before the Executive Officer of Nagar Parishad, Siwan and the same should be considered and disposed of. This Court, therefore, without expressing any opinion on the merits of the claim of the petitioner would direct the Executive Officer, Nagar Parishad, Siwan to take an appropriate decision and communicate the same to the petitioner on or before 28th of March, 2009. This Court, however, would make it clear that if any adverse decision is taken 3 by the said Executive Officer the same would be assailed by the petitioner by making it a subject matter of a Civil Suit as rights and obligations of arising out of a non statutory contract can not be enforced by a writ application. This application, accordingly, stands disposed of. (Mihir Kumar Jha,J.) Surendra/