ANJU SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner and the State as well as counsel appearing for the Biharsharif Cooperative Cold Storage Limited, respondent No. 5.

(2.) In the instant writ petition the petitioner prays for a writ of mandamus directing the respondents to restore the possession of the godown which was leased to her by the Biharsharif Cooperative Cold Storage and Government authorities which was forcibly evicted by the government authorities namely Block Development Officer and the Sub-Divisional Officer. The petitioner further prays for a direction to the respondent authorities to restore the articles seized vide Annexure-11/A.

(3.) The petitioner states that there is a Cooperative Society working in the name and style of Biharsharif Cooperative Cold Storage Limited (hereinafter referred to as 'the Cooperative Society') duly registered under Section 11 of the Cooperative Societies Act. The object of the Society is to own and maintain cold storage. In the year 1997 a resolution was passed by the Cooperative Society to lease one of its godown for 40 years. The petitioner being desirous of taking godown on lease, approached the Society. The authorities of the Cooperative Society after considering the case of all aspirants selected the petitioner for grant of lease for a period of 40 years. On being asked, the petitioner deposited a sum of Rs. 1,50,000/- on 4.11.1997 vide receipt No. 1288 of same date which was to be adjusted against yearly rent. On 28.11.1997 Shri Vijay Kumar the then Secretary of the Society executed registered lease agreement for 40 years in favour of the petitioner. A copy of the lease agreement is at Annexure-2. After execution of the agreement the petitioner came in possession of the godown.