Disposed¶39

Vyavsayik Sang, Mirganj Nagar Panchatyat v. The State Of Bihar and Ors.

Patna HC22 Jul 2025CWJC/12559/2016

Case brief

AI extract

What is this about?

CWJC 12559 of 2016; Patna High Court; Rajiv Roy J; decided 22-07-2025; Vyavsayik Sang Mirganj Nagar Panchayat v. State of Bihar; Sairat Land; Mirganj Bazar; Kaudi tax; Khata No. 534; Plot No. 2349 and 2360; 30.6 acres; Kastkari land; commercial rent; tax collection beyond Sairat Land illegal; Nagar Panchayat Mirganj; Executive Officer; Gopalganj; Hathua Sub Division; Uchchakagaon Circle; Annexure-4; liberty to approach authority afresh; four weeks; six months; writ petition disposed.

What did the court decide?

Liberty to the petitioner to approach the concerned respondent (the Executive Officer, Nagar Panchayat, Mirganj, Gopalganj - respondent no. 11) within four weeks; the authority directed to take the matter to its logical conclusion within six months. ¶39

Vyavsayik Sang, Mirganj Nagar Panchatyat Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Nagar Panchayat, Mirganj is entitled to auction and collect taxes (Kaudi) only over business transactions held on the Sairat Land (Khata No. 534, Plot No. 2349 and 2360) and not to collect taxes from business transactions beyond the 30.6 acres of Sairat Land. +2 more

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Ratio / Principle

In view of the limited prayer of the petitioner, the writ petition stands disposed of, allowing the petitioner to approach the concerned respondent within the next four weeks, and directing that respondent to take the matter to its logical conclusion within the next six months.

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Key takeaways

The aforesaid direction was passed in the background of the fact that no decision had been taken till date by the concerned authority.obiter¶40

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), CWJC No. 12559 of 2016, decided 22-07-2025: Vyavsayik Sang, Mirganj Nagar Panchayat, sought directions that taxes (Kaudi) be collected only over business transactions on the Sairat Land of Mirganj Bazar (Khata No. 534, Plot No. 2349 and 2360) and not from transactions beyond the 30.6 acres of Sairat Land, including from shops on Kastkari land whose occupants already pay commercial rent to the Nagar Panchayat. Learned State counsel stated the matter was pending before the Executive Officer, Nagar Panchayat, Mirganj (Annexure-4), and petitioner's counsel sought liberty to approach that authority afresh. In view of the limited prayer, the Court disposed of the writ petition, permitting the petitioner to approach the concerned respondent within four weeks and requiring the authority to take the matter to its logical conclusion within six months, observing that no decision had been taken till date. The merits of the legality of tax collection beyond the Sairat Land were not adjudicated.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12559 of 2016

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Vyavsayik Sang, Mirganj Nagar Panchatyat son of Banarasi Prasad Keshri resident of Mohalla- Daldari, Ward No.-5, Mirganj, P.S.- Mirganj, DistrictGopalganj.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

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The Principal Secretary, Department of Urban Development, Government of Bihar, Patna.

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The District Magistrate, Gopalganj.

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The District Development Commissioner, Gopalganj.

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The Sub-Divisional Officer, Hathua Sub Division, District- Gopalganj.

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The Circle Officer, Uchchakagaon Circle, Gopalganj.

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The Nagar Panchayat, Mirganj through its Executive Officer at Mirganj, District- Gopalganj.

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The Chairman, Nagar Panchayat, Mirganj, District- Gopalganj.

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The Executive Officer, Nagar Panchayat, Mirganj, District- Gopalganj.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Advocate For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 22-07-2025

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Heard Mr. Sanjay Kumar Pandey No-5, learned

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counsel for the petitioner and Mr. Dhurjati Kumar Prasad, learned GP-14 representing the State.

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The present petition has been preferred for the grant of following relief(s):

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“(a) collect the Taxes (Kaudi) over the

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Patna High Court CWJC No.12559 of 2016(2) dt.22-07-2025 2/4

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transactions being held upon the Sairat Land of the Mirganj Bazar only, (which is fully described in the Para - 4 of this writ application);

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(b) and not to collect the taxes from the business transactions being held beyond the 30.6 acres of the Sairat Land; on amongst other the following grounds :-

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(i) For that the Nagar Panchayat Mirganj is entitled to auction and to collect the taxes over the business transactions being held on Khata No. 534, Plot No. 2349 and 2360 only, which is a Sairat Land.

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(ii) For that the Nagar Panchayat is not entitled to collect the taxes from the business transactions being held upon the land which is outside the premises of the Sairat Land referred above.

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(iii) For that in the Mirganj Bazar there are shops upon the Kastkari Land also, in which the people are doing business after giving commercial rent to the Mirganj Nagar Panchayat but the Mirganj Nagar Panchayat

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Patna High Court CWJC No.12559 of 2016(2) dt.22-07-2025 3/4

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is collecting the additional revenue from those shopkeepers/businessman also.

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(iv) For that this collection of revenue; beyond the Sairat Land is illegal and void and the same is affecting the business of the shopkeepers and due to this the shopkeepers are suffering from irreparable injury.

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(v) For that due to the illegal and arbitrary collection of Revenue/Taxes the Fundamental Rights of the Petitioner as enshrined in the Constitution of India has been violated.”

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Learned State counsel has submitted that the matter

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is pending for consideration before the Executive Officer, Nagar Panchayat, Mirganj, Gopalganj (Annexure-4).

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Learned counsel for the petitioner submits that presently fresh instruction is/are not there and if no decision has been taken they may be granted liberty to approach the Executive Officer, Nagar Panchayat, Mirganj, Gopalganj (respondent no.11) afresh.

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In view of the limited prayer of the petitioner, the

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Patna High Court CWJC No.12559 of 2016(2) dt.22-07-2025 4/4

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writ petition stands disposed of allowing the petitioner to approach the concerned respondent in next four weeks who shall be taking the matter to its logical conclusion in next six months.

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The aforesaid order is being passed in the background of the fact that no decision has been taken till date by the concerned authority.

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(Rajiv Roy, J)

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vinayak/-

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Vyavsayik Sang, Mirganj Nagar Panchatyat v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Vyavsayik Sang, Mirganj Nagar Panchatyat v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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