BAHADUR SINGH Vs. STATE OF BIHAR THROUGH COMMISSIONER-CUM-SECRETARY, REVENUE AND LAND REFORMS DEPARTMENT, OLD SECRETARIAT, PATNA

JUDGEMENT

(1.) THE petitioner seeks a direction for quashing of the order dated 18.7.2005 as contained in memo no. 1681 dated 3.11.2005 (Annexure -11) issued under the signature of the Joint Secretary, Revenue and Land Reforms Department, Government of Bihar by which the application of the petitioner for renewal of its lease has been rejected and the lease has been cancelled and the authorities have been directed to take steps for resumption of the concerned land, as also the letter bearing memo no. 888 dated 12.11.2007 (Annexure -13) issued by the Deputy Collector, Land Reforms -cum -Khas Mahal Officer, Sadar Ara whereby the petitioner has been directed to pay an amount of Rs. 52,50,000/ - for using the land for commercial purpose for a period of seven years in an unauthorized manner and also directing the petitioner to vacate the land forthwith.

(2.) THE short facts leading up to the present writ petition are that the petitioner, Arrah Montessori School was established in the year 1968 and was duly registered alongwith its Regulations and Memorandum of Association under the Societies Registration Act, 1860 on 7.3.1968. It applied to the Government of Bihar for grant of land for educational purpose for establishing a Montessori School at Ara. By memo no. 4/KM 1 -3085/70 5383/R dated 21.9.1970 (Annexure -1) the Government of Bihar in the Revenue Department sanctioned settlement of 94 decimals of Gov - ernment land in Arrah Town, Plot No. 2200, Khata No. 1766 in the district of Shahabad for the construction of the building of the proposed Montessori school at Arrah for a period of 30 years with the option of renewal free of salami but at a nominal rent of Rs. 50/ - per year (excluding cess), subject to the condition that the land will revert to the Revenue Department if and when no longer required for the purpose. It was also laid down in the said letter of grant that the lessee will have to execute an agreement in the prescribed terms of the Government Khas Mahal Manual, 1953 within a period of three months with effect from the date of issue of the order failing which the settlement order was liable to be cancelled. The letter of grant further mentions that the Accountant General of Bihar had been informed about the same. Pursuant to the same the agreement dated 16.12.1970 was executed between the Governor of Bihar as the 'Grantor ' and the Secretary of the Arrah Montessori School as the 'Grantee ' laying down the terms and conditions of the lease. Thereafter the school was established and continued to run in the buildings constructed on the said land. It is the stand of the petitioner that the Collector at the relevant time was the Chairman of the Managing Committee of the School and at the meeting of the Managing Committee dated 12.10.1971 it was resolved in terms of the Government grant that there would be a Building Construction Sub -Committee headed by the Collector which would perform all functions relating to construction of building. The said resolution dated 12.10.1997 is Annexure -15 to the writ petition. It is the case of the petitioner that the school has been functioning till Class -VI and it was proposed to extend the educational level from Class -VII to Class -XII.

(3.) ON 19.5.2000 the petitioner -School exercised its option for renewal under the terms of the Government grant dated 21.9.1970 by filing an application for renewal of the grant on the same terms and conditions for a further period of thirty years. The said application was duly forwarded by the District Magistrate, Ara with his recommendation for renewal. In the meantime it appears that rent and cess had not been paid. The petitioner approached the Additional Collector. Ara on 19.6.2000 for issuance of a direction for acceptance of arrears of rent and by his memo no. 709 dated 22.6.2000, the Additional Collector directed the Circle Officer, Arrah to accept arrears of rent at the rate of Rs. 50/ - per year and accordingly the same was deposited by the petitioner and accepted by the authorities under receipt dated 8.7.2000. It is the further case of the petitioner that the District Collector by his memo no. 1146 dated 18.8.2000 directed that the renewal be granted and completed before 15.9.2000 and when nothing was done, again a letter contained in memo no. 7 dated 10.1.2001 was issued from the Collectorate to the Circle Officer, Arrah to complete the process of renewal. However, no such renewal was made and suddenly by letter no. 264. dated 6.2.2004 issued by the Additional Collector, Bhojpur, Arrah the petitioner was directed to show cause regarding the non -compliance of certain terms and conditions of the lease regarding the non -payment of the rent and cess in time and payment of the same in lump sum on 8.7.2000 at the time of end of the period of lease, for which he was liable to pay 12% interest and penal rent over the same and further regarding construction of two buildings from MLC fund for which prior permission of the Collector was not taken and non -payment of Municipal taxes, all of which were in violation of the terms of lease. The petitioner was further informed that the Circle Officer/ Deputy Collector, Land Reforms had recommended charging of five per cent commercial rent per annum for renewal on fresh terms and conditions for which its consent was sought.