Single judge court directed the District Magistrate and Principal Secretary to examine the petitioner's representation regarding excessive rent collection and ensure compliance with the Government Circular, disposing of the application without adjudicating merits.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11154 of 2017
===========================================================
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Nityanand Mishra, Advocate For the Respondent/s : Mr. MD. Khurshid Alam- AAG12
=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date: 21-08-2017
Keeping in view the facts and circumstances of the case, the grievance of the petitioner is that the respondent authority
is collecting rent more than what is stipulated in the Circular filed in Annexure 2.
Be that as it may, we find that the petitioner has already represented to the competent authority on 17.2.2017.
In view of the above, without entering into the
Patna High Court CWJC No.11154 of 2017 dt.21-08-2017
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controversy on merit, we direct the District Magistrate, Jamui and the Principal Secretary of the Department to look into the representation of the petitioner and ensure that rent is collected in accordance with the Government Circular.
With the aforesaid, this application is disposed of.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
K.C.jha/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.8.2017 Transmission N/A Date
2 issues framed by the court
Whether the petitioner can be restrained from rent collection exceeding the Government Circular pending review of his representation.
What direction the court should issue regarding the rent collection dispute without entering into merits.
Dayal Sharan
The State of Bihar
The Principal Secretary, Department of Revenue and Land Reforms
The District Magistrate-cum-Collector, Jamui
The Additional District Magistrate (Revenue), Jamui
The Deputy Collector, Land Reforms, Jamui
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
