ARATI GUPTA, SHREE LATA GUPTA AND SHREEMATI SEN Vs. STATE OF BIHAR (NOW JHARKHAND), COMMISSIONER, NORTH CHOTANAGPUR DIVISION, DEPUTY COMMISSIONER AND KHAS MAHAL OFFICER

JUDGEMENT

(1.) PETITIONERS have challenged the order dated 14.3.1997 (Annexure 5) passed by the Commissioner, North Chotanagpur Division, Hazaribagh (respondent No. 2) in Khas Mahal Case No. 22 of 1997 (Court) File No. 39 KA 29/93 (Revenue Section) Khas Mahal Lease Renewal Case No. 5 of 1977 -78, whereby and whereunder the application for renewal of the lease was dismissed and the Deputy Commissioner, Hazaribagh (respondent No. 3) was directed to resume and take possession of the lease hold properties bearing Holding No. 97, Plot Nos. 662, 665, 664 and 667 measuring an Area of 1.36 Acres of Village Noora within Sarkari Hata, Government Estate, Hazaribagh.

(2.) ACCORDING to the petitioners, the Khas Mahal lease was renewed on 30.3.1948 for a period of 30 years. Before its expiry, application for renewal was made. The Deputy Commissioner, Hazaribagh got certain enquiries made. It was reported that the lease lands were vacant, which was in violation of Clause 9 of the lease. Accordingly, the Deputy Commissioner rejected the application for renewal and ordered for resumption of the lease land by his order vide Memo No. 792 dated 23.5.1983. Then the Commissioner (respondent No. 2) was moved after more than ten years. Nothing has been said as to how and when the original petitioner learnt about this order. Thus there is no explanation for this delay. However, respondent No. 2 affirmed the said order on 14.3.1997.

(3.) CLAUSES 9, 10 and 12 of the lease deed dated 30.3.1948 reads as follow: