IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8336 of 2009 Rajesh Prasad Dubey, son of Late Damodar Prasad Dubey, Mohalla Bari Khanjarpur, PS Barari, Dist. Bhagalpur, holder of power of attorney for Ashwani Kumar Ghosh, Mohalla Tilkamanjhi, PS Kotwali, Dist. Bhagalpur – petitioner. Vs. 1. The State of Bihar. 2. The Circle Officer, Jagdishpur, Bhagalpur. 3. The Dy. Collector (Land Reforms) Sadar, Bhagalpur. 4. The Collector, Bhagalpur – respondents. 2 21.7.2009 This writ petition has been filed making a prayer to direct the Collector, Bhagalpur to dispose of Misc. Case No. 27/2006 filed by the petitioner to approve the fixation of rent as recommended by the Circle Officer. The petitioner filed Title Suit No. 175/1992 which was decreed in his favour. Thereafter, an execution case was filed by the petitioner who is holding power of attorney on behalf of the original land holder and the execution case was allowed and the petitioner came in possession of the disputed land by virtue of the execution case. The State has filed S.A. No. 307/2004 before this court and also I.A. No. 6419/2004 for staying the execution case. The I.A. stood dismissed. After the petitioner came in possession of the said land, he filed an application before the Circle Officer to mutate his name for the purpose of making payment of rent to the State of Bihar. The Circle Officer allowed the prayer and fixed Rs.7/- as rent per katha. The Circle officer then sent the file to the Dy. Collector Land Reforms who sat over the matter. Finally the petitioner moved before the Collector by filing a Misc. case for confirmation of the rent fixed by 2 the Circle Officer which has not been disposed of as yet. Learned counsel for the State submits that S.A. No. 307/2004 filed by the State is still pending and, therefore, the name of the petitioner ought not to have been mutated and the rent receipt should not be granted in his favour. I may clarify here that the State would be put to a loss and deprived of the rent fixed by the Circle Officer. In any event the payment of rent on mutation of name of the petitioner as a result of the judgment and decree in T.S.No. 175/1992 will always be subject to the final disposal of S.A. No.307/2004 which is pending before this court. Therefore, the State will not be prejudiced in any manner if the petitioner pays rent for the lands in question specially because of the fact that he is now undisputedly in possession of the land . I accordingly direct the Collector, Bhagalpur to take steps for disposing of Misc. Case No. 27/2006 by passing appropriate orders in this regard within three months from the date of receipt/production of a copy of this order. This writ petition is allowed with the aforesaid observations. haque (Sheema Ali Khan, J.)