CHANDRADEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants had filed a writ petition. In fact, the writ petition had been filed by one Krishna Deo Rai, the husband of appellant No. 3 who had been killed and in lieu of his name the appellants sought substitution which was allowed.

(2.) The writ was on the ground that her right under a lease dated 6 February, 1992 (Annexure-1 to the petition) had been illegally terminated otherwise than the terms of the covenant and the Bihar Government Estates (Khas Mahal) Manual. The lease had been granted for the purpose of establishing a bus stand at Samastipur. This had been constructed and for 10 years petitioner appellant No. 3 or her husband carried out the purpose of the grant which had been made. This was a State grant; Thus, it came under the purview of the Government Grants Act, 1895. The rights of the lessee were disturbed and an attempt was made to make the grant to a third party and it was done.

(3.) The only aspect which has to be examined is the terms of the grant. If the grant makes no provision for renewal then the petitioner appellant has no case. In that case, the District Magistrate would have been corrected in passing on the area or the lease as a grant afresh to any other party whatever may be the terms, in accordance with modalities of conferring Government grants.