DULAL CHANDRA BANARJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The petitioner has approached this Court by filing the present writ petition questioning the validity and legality of the notice dated 04.12.2004 (Annexure-7) issued by respondent- District Collector, whereby petitioner has been directed to deposit arrears of rent of Rs. 26,777/- for a shop allotted to him within a period of ten days, failing which steps shall be taken by the local administration for getting back the possession over the shop in question.

(3.) It appears that entire claim of the petitioner, with respect to shop in question, situate at Gopalganj town in the collectorate compound, is based on a lease deed dated 10.10.1979 executed by the respondent- District Collector, Gopalganj, as the landlord, in favour of the petitioner at the other side, being the tenant. In the writ petition, though a copy of the lease deed dated 10.10.1979 has been annexed as Annexure-1, but it appears that for one reason or the other, the relevant portion of the lease deed has been wiped out. In that view of the matter, a Bench of this Court, by order dated 01.07.2005, directed the parties to bring a legible copy of the lease deed on record by filing either supplementary affidavit by the petitioner or supplementary counter affidavit by the respondents. In compliance of aforesaid order, a supplementary counter-affidavit has been filed on behalf of respondent no.2 on 17.08.2009, wherein a copy of lease deed has been brought on record, as annexure-A. Clause-1 of the lease deed mentions that the lease shall be for three years from 1st April, 1979 to 31st March 1982. Clause-8 of the lease deed makes a provision for renewal of term of the lease with due approval of the District Collector. Clause-9 provides that after expiry of the term of the lease, the tenant will remove his structures from the leased land and shall give vacant possession of the site to the landlord, i.e., the District Collector.