Disposed

Sanjay Kumar Pandey v. The State Of Bihar and Ors.

Patna HC28 May 2019CWJC/21628/2018

Case brief

AI extract

What is this about?

Petitioner challenged a rent demand notice. Court held that claims for rent revision and exemption due to venue unpreparedness are within the District Magistrate's domain. Petitioner directed to file detailed representation before DM.

What did the court decide?

Direction to file fresh detailed representation to District Magistrate Bhagalpur along with offer to pay dues in installments within one month.

Sanjay Kumar Pandey Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21628 of 2018

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Sanjay Kumar Pandey, Manager, Maa Vaishno Vikas Pradarshani & Mela, S/o late Parshuram Pandey, R/o Pandey Kothi, Mithapur B. Area, P.S.- Jakkanpur, District- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar,

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District Magistrate-cum-Collector, Bhagalpur,

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Additional Collector, Bhagalpur,

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Dy. Collector, General Section, Bhagalpur Collectorate, Bhagalpur

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Ranjan, Advocate Ms. Asha Kumari, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3 Mr. Ravi Ranjan Kumar Singh, AC to SC-3 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date : 28-05-2019

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The petitioner is aggrieved by Annexure-5 by which demand of Rs.10,96,000/- has been made from him as dues amount of the rent of Handloom & Handicraft Exhibition/Fair at Sandis Compound, Bhagalpur.

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Counsel for the petitioner has submitted that he has suffered loss in the Exhibition/Fair. Counsel for the petitioner has further submitted that the portion allotted to petitioner to set up exhibition/fair was dirty due to dumped garbage and unlevelled surface of ground and it took about 33 days in levelling the land. Petitioner had to pay cost of JCB Machine. Petitioner has filed representation on 01.08.2018 before the District Magistrate,

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Patna High Court CWJC No.21628 of 2018 dt.28-05-2019 2/3

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Bhagalpur, with a prayer to reconsider the matter on humanitarian ground to re-fix the rent and extend the period from 23.07.2018 to 31.10.2018. He has also made request to exempt him from paying the rent for 33 days because of non-conducting the exhibition/fair.

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Counsel for the petitioner further submits that he is ready to make payment of the due amount in installments after proper determination.

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This Court finds that prayer as made by the petitioner in the instant writ application to exempt him from paying the rent for 33 days because of non-conducting of exhibition/fair and re-fix the rent on humanitarian ground are matters required to be considered by the District Magistrate himself.

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Petitioner is ready to deposit the due amount after proper determination by the District Magistrate upon due consideration of his representation in installments. He has filed representation before the District Magistrate, Bhagalpur, vide Annexure-6, which is still pending.

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In such circumstances, this writ application is disposed off with direction to the petitioner to file fresh representation within a period of one month from the date of this order before the District Magistrate, Bhagalpur, giving, in detail, the points, which have been raised in the instant writ application along with offer to make

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Patna High Court CWJC No.21628 of 2018 dt.28-05-2019 3/3

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payment of the due amount after proper determination in installments, which shall be considered by the District Magistrate in accordance with law within a period of one month from the date of filing of such representation by the petitioner.

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This writ application is, accordingly, disposed off.

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(Sanjay Priya, J)

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J. Alam/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	31.05.2019
Transmission Date	N/A

Sanjay Kumar Pandey v. The State Of Bihar and Ors.

Case brief

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Sanjay Kumar Pandey v. The State Of Bihar and Ors.

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