INDU PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned AAG 12 for the State.

(2.) The petitioners have moved this Court for the following reliefs:-

(3.) The brief facts of the case relevant for the purpose of considering the present writ application is that on 23.12.1927, lease under the Khas Mahal Policy was executed between the Collector, Patna on behalf of Secretary of State for India in Council and Smt. Janki Devi. On 19.12.1929, Smt. Janki Devi executed a sale deed in favour of Alakh Narayan Prasad who is grandfather of petitioners no. 2 to 5. On 28.07.1954, in partition between Alakh Narayan Prasad and his sons the Khas Mahal property in question was allotted to the share of the father of the petitioners no. 2 to 5. On 21.03.1973, some receipt was issued in favour of Alakh Narayan Prasad. It appears that on 21.04.1992, the father of the petitioners no. 2 to 5 sought permission from the Additional Collector, In-charge, Khas Mahal, Patna (respondent no. 5), to use the property for commercial purpose. However, there is nothing on record to indicate as to what happened on such application, if at all filed. On 29.01.1996, respondent no. 5 issued notice to the father of petitioners no. 2 to 5 to which he submitted his reply on 19.02.1996 praying for a short adjournment and also requesting to get the premises re-inspected. On 08.11.1998, the father of the petitioners no. 2 to 5 died. Later on 04.05.2006, notice was issued by the Collector, Patna (respondent no. 4) in the name of the father of the petitioners no. 2 to 5, who had already passed away, alleging violation of the terms and conditions of the lease and use of the property for commercial purpose and, thereafter, final order was passed on 03.05.2006 indicating that the lease was already cancelled on 16.08.1999 and also that the Government had given approval for resumption of the premises by order dated 19.03.2006. However, the petitioners against the notice dated 04.05.2006 filed CWJC No. 7765 of 2008, which was disposed off by order dated 04.09.2012, observing that such notice may require reconsideration by the respondent State in light of the new policy formulated for Khas Mahal.