Shivaji Pandey, J.

Heard counsel for the parties. As in all the cases, identical questions have been raised, as such, all t he cases are being disposed of by a common order.

2. For brevity, the facts of CWJC No. 328 of 2014 is being taken into consideration.

3. In the present case i.e. CWJC No. 328 of 2014, the petitioner has challenged the order dated 28th August 2013 (Annexure-7) passed in Record No. 05 of 2012-13 by the Sub-Divisional Officer, Kishanganj (Respondent no.3) under Section 6(3) of the Bihar Agricultural Land (Conversion for Non-agricultural purposes) Act, 2010 (hereinafter, in short, referred to as the “conversion Act”) by which he has arbitrarily and illegally levied Rs.1,11,251/- as conversion fee and Rs.l55,625/- as penalty being 50 per cent of the conversion fee on the petitioner’s land and issued demand notice dated 28th August 2013 (Annexure-8) against the petitioner for payment of total amount of Rs.1,66,876/-.

4. Filtering the unnecessary facts, petitioner runs a brick kiln in the name and style “M/s Narayan Tiwari Bricks” situated in village Raja Ganw in the district of Kishanganj. The brick kiln was established in the year 2005-06. As has been claimed, the area of the brick kiln is 1.67 Acre, out of total area of 3.27 acres of land and rest 1.67 acres of land is used for drying the raw bricks for 3 – 4 months and later on it is used for agricultural purpose.

5. Before establishing the brick kiln petitioner had obtained license under the Bihar Minor Mineral Concession Rules 1972 and also takes Emission Consent Order every year since 2005-06 from the Bihar State Pollution Control Board. It has further been submitted that the petitioner is also holding Tax Identification Number under the provisions of the Bihar Value Added Tax Act, 2005 and regularly paying VAT to the State of Bihar. The State of Bihar has enacted the Conversion Act, 2010 which was published in the Bihar Gazette dated 6th April 2010 but the same has been enforced from 1st October 2012 vide Notification No. 362(8) dated 28th April 2011 and published in the Bihar Gazette No. Patna 515 dated 1st October 2012, in pursuance thereof the Government of Bihar has also framed the Bihar Agriculture Land (Conversion for Non-agricultural purposes) Rules, 2011 (hereinafter, in short, to be referred to as the “conversion Rules”). The same has been published in the Bihar Gazette dated 16th March 2011.

7. After publication of the Rules under the Gazette Notification, as has been stated in the writ application, petitioner applied in the prescribed form before the Sub-divisional Officer, Kishanganj for grant of permission under the Conversion Act on 18th January 2012. Further filed an application dated 12th January 2013 for permission to convert the land for running brick kiln stating that 1.60 acres of land is used for kiln and the raw bricks are spread and dried over the rest 1.67 acres of land which is subsequently used for agricultural purpose but no order was passed by the Sub-divisional Officer on the said application filed by the petitioner for grant of permission and, as such, petitioner could not deposit the conversion fee with the State Government.

8. The Circle Officer, Thakurganj vide his order dated 14th February 2013 passed in Record No. 5 of 2012-13(Annexue-7) has recommended to the Sub-divisional Officer for permission to the petitioner after realizing the conversion fee and penalty and, accordingly, the Sub-divisional Officer vide order dated 3rd March 2013 directed his Office for issuance of show cause notice in form-5(a) under Section 6(1) of the Conversion Act. Subsequently, a show cause notice was issued on 13th March 2013 in Form-5(a) under Section 6(1) of the Conversion Act with the allegation that the petitioner has converted his agricultural land for non-agricultural purpose in unauthorized manner after commencement of the Conversion Act without obtaining required permission as provided under the conversion Act used the land fo