Created by Fuzzy Cloud

Patna High Court

Pinak ChandversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the writ petition, granting liberty to file a fresh representation and directing the respondent to decide it within a stipulated period, without ordering immediate payment of arrears.

Summary

The petitioner, Pinak Chand, filed a writ petition under Article 226 seeking payment of arrears of rent for the Singheshwar Mela ground, recovery of rent from shopkeepers, and interest thereon. He alleged that despite multiple representations to the District Magistrate (also Chairman of the Singheshwar Temple Trust Committee) no action had been taken. The State did not oppose the reliefs. The Court noted the limited nature of the prayer and, instead of ordering immediate payment, granted the petitioner liberty to file a fresh representation before the District Magistrate within two weeks. It further directed the respondent to consider and dispose of that representation within three months, after affording a hearing. Accordingly, the writ petition was disposed of with these directions.

Issues considered

  • Whether the High Court can, under Article 226, direct the respondents to pay arrears of rent and interest to the petitioner.
  • Whether the petitioner may be permitted to file a fresh representation before the District Magistrate for the same reliefs.
  • Whether the Court can prescribe time‑limits for filing the representation and for the respondent's disposal of it.

Subjects

  • Article 226
  • writ jurisdiction
  • arrears of rent
  • representation
  • District Magistrate
  • time limit
  • Temple Trust Committee
  • landlord-tenant

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3995 of 2026
                 ======================================================
                 Pinak Chand Son of Jaychand Yadav @ Jay Chand Kumar Resident of
                 Village- Barahi, Hasanpur, P.S.- Singheshwar, District- Madhepura.

                                                                      ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Secretary, Land Reforms and Revenue
                 Department, Government of Bihar, Patna.
           2.    The District Magistrate, Madhepura-Cum- Chairman, Singheshwar Temple
                 Trust Committee Singheshwar, Madhepura.
           3.    The Sub Divisional Officer- Cum- Secretary, Singheshwar Temple Trust
                 Committee Singheshwar, Madhepura.
           4.    The Circle Officer, Singheshwar, Madhepura.
           5.    The Manager,       Singeshwar     Temple    Trust   Committee   Singeshwar,
                 Madhepura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Gopal Kumar Jha, Advocate
                 For the Respondent/s   :        Mr. Abbas Haider SC-6
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   31-03-2026                 Heard learned counsel for the petitioner and learned

                   Standing counsel no. 6 appearing for the State.

                               2. This writ petition has been filed under Article 226

                   of the Constitution of India inter alia for the following reliefs:-

                                            “(I) For issuance of an appropriate writ
                                  directing the respondents to take necessary steps
                                  towards payment of arrear of rent to the petitioner
                                  for the singheshwar Mela ground settled in favour
                                  of petitioner in the year 2023 for one month.
                                            (II) For direction upon the respondents
                                  to take appropriate step towards recovery of rent
                                  from the shop keepers who had run their shops in
Patna High Court CWJC No.3995 of 2026(2) dt.31-03-2026
                                            2/3




                          the Singeshwar Mela ground in the year 2023
                          settled in favour of petitioner for the payment of
                          the same in favour of the petitioner.
                                      (III) For interest on the arrear of rents
                          for delayed payment.”
                      3. Learned counsel for the petitioner submits that the

          grievance of the petitioner has not been redressed till date. It is

          further submitted that the petitioner has approached the

          competent authority on several occasions by filing detailed

          representations       dated      18.03.2023       (Annexure   P/2)    and

          27.01.2024 (Annexure P/3) addressed to the District Magistrate,

          Madhepura-cum-Chairman,                  Singheshwar     Temple      Trust

          Committee, Singheshwar, Madhepura (Respondent No. 2).

          However, no steps have been taken by the respondent authorities

          pursuant to the aforesaid representations. Learned counsel for

          the petitioner, therefore,              prays for liberty to file a fresh

          representation before the District Magistrate, Madhepura-cum-

          Chairman, Singheshwar Temple Trust Committee (respondent

          no. 2). It is further prayed that if such representation is filed

          respondent no. 2 be directed to consider and dispose of the same

          within a stipulated time, after affording an opportunity of

          hearing to the petitioner.

                      4. Learned counsel appearing for the State does not
           Patna High Court CWJC No.3995 of 2026(2) dt.31-03-2026
                                                       3/3




                     raise any objection to the aforesaid prayer.

                                 5. Considering the limited nature of the prayer made

                     on behalf of the petitioner, the present writ application is

                     disposed of with liberty to the petitioner to file an appropriate

                     representation before the District Magistrate, Madhepura-cum-

                     Chairman, Singheshwar Temple Trust Committee, Singheshwar,

                     Madhepura (respondent no. 2) preferably within a period of two

                     weeks from today.

                                 6. If such representation is filed within the stipulated

                     period, respondent no. 2 is directed to consider and dispose of

                     the same in accordance with law within a further period of three

                     months from the date of receipt of the representation, after

                     affording an opportunity of hearing to the petitioner.

                                 7. With the aforesaid observations and directions and

                     liberty as granted, the writ application stands disposed of.


                                                 (Khatim Reza, J)

shyambihari/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.