AMARESHWAR SAHAY, J. - (1.) THIS writ petition, which was pending for final hearing before Patna High Court, was transferred to this Court after bifurcation of the State.
(2.) THE petitioner has prayed to quash the order of the Deputy Commissioner, Dumka, communicated to him vide Annexure -4 under the signature of the Sub -Divisional Officer, Dumka contained in memo no. 524 dated 12.9.1988, informing him that lease with respect to the land mentioned in the said letter, has been cancelled since he violated the terms of the lease deed. The case of the petitioner is that by a registered deed of lease dated 7.4.1934, he was leased out a total area of 25 Bighas, 5 Kathas and 13 Dhurs of the land by the then Zamindar in the town of Dumka with respect to Khesra (Dag) Nos. 674, 268, 269, 270 and 444. In the said lease deed, it was mentioned that the land was being leased out to the petitioner for an Orchard and Nursery and if it was found that the same was being used for any other purpose the lessor would have right to re -enter. It was further provided that in case the lessee intends to sell any part of the leased hold land, the lessor shall have right of pre -emption and the lessee shall give six months' notice to the lessor in this regard. It was further provided in the said deed of lease that an area not exceeding 10 Kathas could be converted into "Basauri" land on payment of enhanced rent and, further that breach of the condition would also give a right of re -entry. A copy of the lease deed has been annexed as Annexure -1 to this writ petition. Further case of the petitioner is. that subsequently, on 28.9.1951, another lease deed was executed and registered, permitting the petitioner to convert a total area of 2 bighas, 16 kathas and 10 dhurs of the leased hold lands as "Basauri" land and Clause -4 of the said deed provided for only a notice to be given to the lessor before sell or transfer of the land. According to the petitioner the subsequent lease deed did not provide that any breach of the aforesaid condition would give a right of re -entry to the lessor. According to the petitioner, he was in peaceful possession of the lands in question and he even planted 400 trees in course of time. After vesting of Zamimdari in the State Government, the petitioner after due notice to the Circle Officer, sold a portion of land by registered deed of sale and, thereafter, the names of the purchasers were mutated and the State was realizing rent from them.
(3.) THE grievance of the petitioner is that the Sub -Divisional Officer, Dumka, served him with a notice dated 7.11.1987 to show cause as to why the proceeding for canceling the settlement made in his favour by virtue of lease deeds be not initiated for violating the terms and conditions of the lease mainly on three ground that in major portion of the lands in question there was no orchard and some part of the lands bones were found. scattered, which was unhygienic and lastly, that the petitioner had sold 5 ¼ Bighas of land to 13 persons without due intimation to the State.;