SONU MALIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Counsel for the petitioner and the State. In this writ application, the petitioner has assailed the correctness of the order, dated 10.5.2008 passed by the Nazareth Deputy Collector, Begusarai cancelling the allotment of land in favour of the petitioner and also directing him to pay Rs. 65,000/ -.

(2.) COUNSEL for the petitioner with reference to the terms and conditions as contained in Annexure -2 submits that he had not violated any of the twelve conditions and, therefore, the cancellation of the contract is not permissible in view of Clause 13 and that too without any notice and/or opportunity of hearing to the petitioner.

(3.) COUNSEL appearing on behalf of the State had sought to justify the impugned order on the ground that the land of the Stadium was basically meant to be used as a playground and if the Collector of Begusarai district was satisfied that it is being used by the petitioner for the purposes of exhibition and/or would affect the condition of the Stadium and/or its playground on the protest and demonstration made by the District Cricket Association, Begusarai, this Court should not interfere in the matter as such a decision was taken by the Collector within his executive powers and in public interest.