BRINDA BASANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioner, inter alia, prays for quashing of an order dated 6-11-1982 (Annexure 4) passed by the respondent No. 2.

(2.) The facts of the case lie in a very narrow compass. On 30th March, 1948, the husband of the petitioner was granted a lease in respect of holding No. 180 corresponding to Tauzi No. 344 of plot No. 428/683 measuring an area of 1.50 acres land situated in village Sarley, district Hazaribagh for a period of 30 years with effect from 1-4-1948. In terms of the provisions contained in the aforementioned deed of lease as also the Khas Mahal Manual, the Deputy Commissioner, Hazaribagh was required to issue an advertisement asking the lessee to file an application for renewal. It was done by an advertisement published in various newspapers on 11th October,1977 Pursuant thereto, the petitioner applied for renewal of the aforementioned lease-hold premises by exercising her option of renewal for a further period of 30 years with effect from 1-4-1978 According to the petitioner, valuable structures are standing the aforementioned land.

(3.) The petitioner received a communication from the respondent No. 3to file the sanctioned plan of the building and on receipt thereof, he submitted the sanctioned plan along with her letter dated 18-2-1978 (Annexure 3). Some time in the year 1985, the authorities allegedly without passing any order with regard to the application for renewal of the lease, directed the petitioner to vacate the premises as allegedly the lease-hold had been resumed According to the petitioner, the authorities before passing any order of resumption in terms of Annexure 4 to the writ application did not give an opportunity of hearing to the petitioner, not followed the procedures prescribed therefor.