ANIMA BANERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) During the pendency of this case, the sole petitioner died. Therefore, I.A. No. 01 of 2022 was filed for substituting the legal heirs of the petitioner, which was allowed vide order dtd. 7/11/2022 and accordingly, the legal heirs and representatives of the petitioner have been added as petitioners namely Archana Mukherjee, Chandana Chatterjee, Ranjana Chakrabarty, Malvika Ganguli and Olly Gandhopadhyay all daughter of late Dr. Prasun Kumar Banerjee are added in this writ petition.

(2.) This writ petition has been filed for quashing the letter vide Memo No. 3492 dtd. 23/7/2015 and subsequent letter vide Memo No. 8092 dtd. 23/12/2017 issued by the Executive Engineer, Patna Division, Patna by which the registered deed of lease for 04 kattha and 07 dhur of land which is adjacent to the building of the petitioner situated at T.N. Banerjee Road, Patna was cancelled.

(3.) The short facts of this case are that in the year 1956 the father of the original petitioner late Dr. T.N. Banerjee was granted the land in question by way of lease for 30 years and after his death the husband of the original petitioner had renewed the said lease for the next 30 years by the permission of the Government of Bihar. Pursuant to the said permission, the State Authorities executed registered deed of lease on 25th of July, 1987 in favour of the husband of the original petitioner. After the lease was registered, the State Authorities issued a letter with regard to deposit of lease amount and the same has been deposited by the husband of the original petitioner on 12/1/1994. Thereafter the State Authorities issued a letter dtd. 31/7/1999 demanding lease amount of Rs.552.00 up to the year 1998-1999 and the same was also paid. In the year 2009, the husband of the original petitioner died due to illness. On 5/10/2009, the State Authorities has issued letter No. 3320 demanding the lease amount of Rs.1325.00 and the original petitioner deposited the same. Again on 21/12/2010, the original petitioner deposited the lease amount till 2011.