IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11746 of 2017 ====================================================== Ram Babu Prasad, Son of Late Ganesh Prasad, Resident of Ward No.15, Court Bazar, Sitamarhi Town, Police Station and District- Sitamarhi. ... ... Petitioner/s Versus 1. The State Of Bihar through the Principal Secretary Revenue and Land Reforms Department, Government of Bihar, Patna. 2. The Collector-cum-District Magistrate, Sitamarhi. 3. The Khas Mahal Officer-cum-Deputy Collector, Land Reforms, Sitamarhi Sadar, Sitamarhi. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Kumar Advocate For the Respondent/s : Mr. Majid Mahboob Khan, AC to AAG-12 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 13-05-2025 1. The writ application is filed to direct the Respondent Authorities to re-auction/ re-settle the shops situated on the Khas Mahal land of Goenka College Campus, Sitamarhi, whose lease expired over three years back, but the earstwhile settlees are allowed to continue and do their business in connivance and conspiracy of the local authorities without paying any rent to the State Exchequer even though the petitioner and others are ready to pay higher rent at present market value while the old settlees were paying only Rs. 6/- per square Patna High Court CWJC No.11746 of 2017 dt.13-05-2025 2/6 feet. 2. The brief facts of the case is that there is a market in the campus of Goenka College in Sitamarhi. In the year 1980, the Revenue Authorities declared the land and shops situated within the Goenka College Campus as Khas Mahal and took control over the same. After declaring those shops as Khas Mahal Property, the Revenue Authorities of the District started settling the same to different persons at the rate of Rs. 6/- per square feet with effect from 1983-84 vide different orders issued in 1983-84 to 1985-86 for a period extending upto 2013-14. 3. The terms of lease/settlement to 133 shopkeepers expired in 2013-14, but they have been continued the possession of the shops in connivance and conspiracy of the local authorities without any payment being made to the State Exchequer or renewal of the lease. The Revenue Authorities were duty bound to re-auction, the shops and issue fresh settlement orders after the expiry of the settlement, in the matter of March Patna High Court CWJC No.11746 of 2017 dt.13-05-2025 3/6 2013 itself. But they did not do so. It is further disclosed that the petitioner were interested in getting the shops, and they approached the authorities with a request to make fresh auction/settlement, but respondent authorities turned a deaf ear. On 02.08.2014, the petitioner sought information under R.T.I., from the Principal- cum-P.I.O. of the Goenka College for which the Principal of the college replied that shops have been declared Khas Mahal and the College has no say or interference in the matter. Thereafter, the petitioner sought information from the Collector, Sitamarhi vide application dated 25.09.2014. However, the Collector did not bother to reply. 4. Being aggrieved by the same, the petitioner moved before the State Information Commission by filing Second Appeal on 09.04.2015, which was numbered as Case No. 137677/16-17. The said appeal was finally heard on 07.04.2017 by the State Information Commission and the same was disposed of with direction to the Khas Mahal Officer-cum-D.C.L.R. to Patna High Court CWJC No.11746 of 2017 dt.13-05-2025 4/6 furnish the details, as sought by the petitioner within a period of 30 days, failing which action will be taken against him under the provisions of R.T.I. Act. 5. Pursuant to the order of the State Information Commission, the District Khas Mahal Officer-cum-DCLR, Sitamarhi Sadar came out with Memo no. 931 dated 13.05.2017, addressed to the petitioner annexing a detailed list of 133 settlements made to various persons. From perusal of the enclosure to letter no. 931 dated 13.05.2017 it is evident that the settlement of the shops in R.K. Goenka College, Sitamarhi Campus had expired in March 2014 itself, and the erstwhile settlees are occupying the same and carrying their business since then, without any authority or paying any rent. 6. It is the specific contention of the learned counsel for the petitioner that settlees were allotted with the shops in 1986-87 w.e.f. 1983-84 till 2013-14 and none of the settlee has been re-allotted with the shops by the authorities Patna High Court CWJC No.11746 of 2017 dt.13-05-2025 5/6 after the expiry of 2013-14 and the concerned authorities have not re-auctioned or re-settled the shops to the authorities. 7. On the other hand, learned counsel for the respondents contend that petitioner has no locus standi and there is no any impugned order against the petitioner in this case. On perusal of the writ petition, it is evident that there are only three respondents i.e. The State of Bihar, The Collector-cum-District Magistrate, Sitamarhi and The Khas Mahal Officer-cum-Deputy Collector, Land Reforms, Sitamarhi Sadar. If at all the petitioner has grievances against the 133 settlees he would have make them as parties to the writ petition. Moreover, this Writ petition is not a Public Interest Litigation. The fundamental rights or principles of natural justice are not violated in this case. 8. However, the petitioner is at liberty to make appropriate application before the appropriate authority, within a period of one month from the date of receipt of a copy of this order. In turn, the respondent authority shall pass Patna High Court CWJC No.11746 of 2017 dt.13-05-2025 6/6 appropriate orders considering the merits of the case within two months from the date of filing of the representation. 9. With the aforesaid observations, the Writ petition is disposed of. khushbu/- (G. Anupama Chakravarthy, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date 15.05.2025 Transmission Date N/A