RAVI SHANKAR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved by the order passed by the Collector cancelling his lease with respect to a piece of Khas Mahal land situated in the town of Purnea, appertaining to Ward No. 11/7, Holding No. 310, Plot No. 338 measuring 9 decimals. The lease for the said land was executed on 6.11.1979.

(2.) The problem or if it may be so called the dispute arose, when the petitioner attempted to construct a boundary wall on the said land. The Zila Parishad objected to the said construction and claimed that the land belongs to Zila Parishad. It may be clarified that the land of the petitioner is surrounded on three sides by Khas Mahal land which is in possession of the Zila Parishad.The Zila Parishad has constructed a market on the said Khas Mahal land. The petitioner being aggrieved by the objection of the Zila Parishad moved this Court vide CWJC No. 689 of 1990 which was disposed of on 16.2.1990. The petitioner's case in the writ application was that he should be granted permission by the Collector, Purnea to construct a boundary wall on his land. The Zila Parishad was heard in the matter and objected to the construction on the ground that the petitioner was attempting to encroach upon the land of the market committee. This Court directed as follows:

(3.) Armed with the order of this Court, the petitioner filed an application before the Collector which is at annexure-11, praying therein, that the land may be demarcated as he wants to build a boundary wall. It has been stated, that he has already obtained sanction from the municipality and has applied to the Additional Collector, Purnea to grant permission for constructing a Pucca wall. The Additional Collector has recommended in favour of the petitioner (annexure-7). On these grounds the application was filed. The Collector, Purnea by order dated 24.8.1990 cancelled the lease of the petitioner on the ground that he has violated the terms and conditions of Clauses 4, 7 and 8.