MD RIZWAN ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India for quashing the proceeding of Miscellaneous Case No. 97 of 1998-99, initiated for realization of a sum of Rs. 12,35,860/- against the petitioner, as land revenue under Bihar and Orissa Public Demand Recovery Act, 1914 ( hereinafter referred to as the Act) with the issuance of the notice dated 17.9.2000(Annexure-1) under section 7 of the Act.

(2.) There are certain facts which are admitted and are not in dispute. Petitioner, Md. Rizwan Ansari had filed an application for taking settlement of a vacant piece of land of Bus stand in front of Patna Railway Station, before the District Magistrate, Patna on 4.2.1997 for the purpose of organizing an exhibition of Handloom and Handicraft on the said land. The District Magistrate, Patna temporarily settled the land by his order issued vide memo no. 346 dated 14.2.1997 (Annexure-2) with the petitioner with the 'condition' that the petitioner would pay Rs.1000/- only per month for the said land admeasuring 10,000 square feet, for the period 7.2.1997 to 6.5.1997. This is also not in dispute that the petitioner, as was directed by the said order dated 14.2.1997 (Annexure-2), deposited a sum of Rs. 3000/- in the District Nazarat at Patna. The Handloom and Handicraft exhibition was organized thereafter. Before expiry of three months, on 24.4.1997 the petitioner filed another petition for extension of period of settlement. On such application, vide memo no. 742 dated 8.5.1997 ( Annexure-3)issued by the District Magistrate, Patna the period for holding exhibition was extended, for the period 7.5.1997 to 8.8.1997, with the same 'condition' as existed as per the original settlement. For the total period of 94 days the petitioner, was asked to deposit a sum of Rs. 3140/- being the 'condition' for extension of settlement.

(3.) Subsequently, by an order issued by the District Magistrate, Patna vide memo no. 1218 dated 30.7.1997 (Annexure-4) the period for settlement was extended for further period of seven months and 23 days i.e. from 8.8.1997 to 31.3.1998 with the 'condition' that the petitioner would deposit 8000/- in the District Nazarat for the extended period. The rate of rent for holding the exhibition was again indicated in the order as Rs. 1000/- per month for the land admeasuring 10,000 Sq ft.