JAGAT NATH MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners pray for quashing the order dated 22.8.1984 as contained at Annexure -1 by which the Deputy Commissioner, Hazaribagh resumed the land belonging to the petitioners. The petitioners further pray for issuance of a writ of mandamus commanding the respondents, specially the respondent Nos. 3 and 4, to pass appropriate orders in terms of the order of the Commissioner, Land Reforms passed on 28.2.1990 in L.A. case No. 51 of 1989. The petitioners also pray issuance of a writ of mandamus commanding the respondents to renew the lease of the petitioners and not to interfere with their possession.

(2.) ACCORDING , to the petitioners, the land in dispute relates to plot Nos. 121. 122. 123 and 124 measuring an area of 3.57 Acres situated on holding No. 121 of Village -Hazari in the District of Hazaribagh. The land is a Khas Mahal Land and it was given as a Building Lease in the year 1918 for a period of 30 years. Thereafter, the lease was renewed for a fresh period of 30 years on 19.6.1948 whereafter an application for renewal was again placed for consideration in the year 1976. The petitioners have stated that during the pendency of the aforementioned renewal application the father of Nilmani Mukherjee died on 29.4.1981. The petitioners have given details of the legal heirs and successors of the original lessees and the manner in which the leasehold was dealt with inter se amongst various members of the family. They have further stated that there has not been any breach of the terms and conditions of the lease. There were several buildings during the renewal of 1920 and 1948 which stood till 1955, but these buildings had become very old and fragile. Moreover due to differences within the family members, the same became uncared for leading to their collapse, but this does not in any way mean that there was violation of any of the terms and conditions of the lease. The petitioners have further stated, without making any admission (at para 9) that even letting out portions are expressly permitted under the lease terms and even commercial use was permitted by letter dated 5.2.1948 at the time of renewal of the lease in the year 1948 itself. The petitioners have quoted the relevant portion of the said letter which reads as follows : - -

(3.) BEING aggrieved, an appeal vide L.A. case No. 51 of 1989 was preferred and by order dated 28.2.1990, the Land Reforms Commissioner remanded the matter for reconsideration vide Annexure -2. After remand, the matter was considered by the Deputy Commissioner only in relation to three persons namely Shakti Kumar Mukherjee, Sudhir Kumar Mukherjee and Sant Kumar Mukherjee but the case of the petitioners were not considered although the lease deed was one and renewal application was filed jointly and although the petitioners were also parties before the Land Reforms Commissioner. The petitioners have brought on record Annexure -3 which is the order sheet and have submitted that grant of renewal only in respect of three persons and not in respect of others was not a proper consideration of the matter. According to the petitioners, the Deputy Commissioner has given benefit of the order of the Land Reforms Commissioner to others but not to the petitioners on a wrong presumption that the petitioners had not filed an appeal although the fact was that the petitioners were parties before the Land Reforms Commissioner and they had also sent their reply supporting the case of all the other co -sharers/members who belonged and claimed under one lease deed.