PRITHA CHATTERJI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE prayer of the petitioner in this writ application is to quash the order dated 30.8.1997, passed by the Deputy Commissioner, Hazaribagh as contained in Annexure -1 to the writ application, whereby the Deputy Commissioner, Hazaribagh said to have rejected the petition purported to have been filed for renewal of her sub -lease with respect to 4 decimals of land being holding No. 179, Khata No. 745/774 situated in Village Okni

(2.) THE facts, which are not in dispute, are that holding No. 179 Plot No. 745/774 total area 0.92 acres of land situated in Village Okni was leased out in favour of Chhotanagpur Banking Association on 1.4.1948. The Chhotanagpur Banking Association went in liquidation and as per the order of Patna High Court, one Sri U.P. Mathur was appointed as its Liquidator. By the order of the Company Judge of the High Court out of the aforesaid 0.92 acres of land, 0.88 acres of land was transferred by way of sale to Sardar Khajan Singh and Sardar Lal Singh. For the remaining 0.04 acres of land, Sri U.P. Mathur, i.e. the Liquidator had applied for renewal of the Khas Maha/lease. On the basis of which the proceeding was initiated by the Khas Mahal Officer, Hazaribag, which was registered as Hazaribagh Case No. 180/77 -78. In the said proceeding, the petitioner Dr.

(3.) FROM the impugned order it appears that on enquiry it come to light that 37 ft. x 22 ft. of the land in question was presently in occupation of one Manish Agrawal, whom the petitioner had given power of attorney to look after the property but the power of attorney holder was doing business in the said premises.