THE STATE OF BIHAR Vs. SMT.MANJU SINHA, WIFE OF SRI ANIL KUMAR SINGH, AT PRESENT RESIDING AT BANK ROAD, PATNA, P.S. GANDHI MAIDAN, DISTT. PATNA

JUDGEMENT

(1.) The State is in Intra-Court Appeal from the judgment of the learned Single Judge in C.W.J.C. No. 3637/2010 dated 14.05.2010.

(2.) Heard learned counsel for the parties, and with their consent this appeal is being disposed of at this stage itself.

(3.) The writ petitioner had purchased certain lands which were leased lands of M/s Hathua Vanaspati Limited (in Liquidation). The purchase was through auction held by the learned Company Judge and was sold, pursuant to steps taken in the winding up proceedings in respect of the said Company. In respect of this land, the fact is that, the Company i.e. M/s Hathwa Vanaspati Limited, (in liquidation) had set up industrial unit making Vanaspati Ghee, Refined Oil and other allied products at Hathwa in the district of Gopalganj. For setting up the industry it had taken on lease, about 27.79 acres of land from the State of Bihar. The lease deed was executed on 18.09.1979 registered on 28.09.1979 by the Collector on behalf of the State of Bihar. It was a registered document wherein the lease was valid for a period of 30 years, and the lease deed also had a renewal clause. When the company court took up the auction, the writ petitioner paid Rs. 1.97 Crores as the price for part of this land admeasuring about 17.04 acres including also for plant and machinery. The Company Judge sold the said 17.04 acres to the writ petitioner which is recorded in order dated 01.11.2007 of the Court proceeding before the Company Judge. While dealing with the matter on 17.01.2008, the learned Company Judge observed that as per the original lease, the lease period was valid now only for a couple of years, and in view of the renewal clause therein, the auction purchaser i.e. the writ petitioner would have a right to seek renewal from the Government. Accordingly, having got the land registered, the writ petitioner applied for renewal as contemplated by the lease itself. The Collector of the District, far from proceeding to recommend for renewal, by the impugned order dated 25.01.2010 cancelled the lease and directed resumption of possession. It is at that stage the writ petition was filed.