BANWARI LAL KHANDELWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioners for direction on the respondents to dispose of the application for renewal of Khas Mahal Lease in respect of land situated at village Okni, District Hazaribagh, having Holding No. 180, area 0.26 1/2 acres vide Hazaribagh Case No. 06 of 1977 -78, pending before the 2nd respondent, Deputy Commissioner, Hazaribagh.

(2.) FROM the counter -affidavit filed by the respondents, it appears that the land of Holding No. 180, plot No. 745, measuring an area Of 1.54 acres of village Okni, Thana No. 138 was leased out in favour of Shri Surat Kumar Gupta and Surendra Kumar Gupta before 1st April, 1978.The said lessee took loan of Rs. 12,26,354.26 paise from Chotanagpur Banking Association, Hazaribagh. Later on the said bank went in liquidation. Therefore, the official liquidator moved before Patna High Court for realization of the loan. In view of the order passed by the Patna High Court, the land was auction sold in pursuance of a Certificate Case No. 22 of 1964 - 65. In the said auction sale held on 22nd September. 1976, Sri Ramvilash Khandelwal, Secretary, Khandelwal Association and others purchased 0.26 1/2 and 0.63 1/2 acres total 0.90 acres of land for a consideration amount of Rs. 1,45,000.00 paise and Rs. 1,95,000.00 paise respectively. The Certificate Officer gave possession over the land in question and, thereafter, the Secretary, Khandelwal Association applied for mutation and renewal of lease for further period from 1st April, 1978 to 31st March, 2008. On the basis of such petition a Renewal Case No. 06 of 1977 -78 was instituted.

(3.) LEARNED Counsel for the petitioner submitted that before the Deputy Commissioner, the petitioners have already produced the death certificate along with affidavit of the legal heirs of the deceased.