Patna High Court
Pinak ChandversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- KHATIM REZA
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
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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
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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
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