M.Y.EQBAL, J. - (1.) THIS appeal at the instance of State of Bihar under clause 10 of the Letter Patent is directed against the judgment dated 27.2.1998 passed in C.W.J.C. No. 2641 of 1988 (R) whereby the learned Single Judge quashed the order passed by the Revenue authorities and also the demand notice issued by the appellant for payment of salami and commercial rent in respect of property in question.
(2.) THE admitted position is that the land appertaining to Plot No. 525 under Khata No. 18 of mouja Lohardaga was recorded in the records of right in the names of three brothers, namely, Indranath Mahto, Surajnath Mahto and Badrinath Mahto having occupancy right over the said land. The abovenamed raiyats transferred the land in favour of one Sheolochan Chaudhary predecessor -in - interest of the respondent (writ petitioner) by virtue of registered deed of sale dated 10.2.1997 and the said pur chaser came in possession of the said land. After coming into force of the Bihar Land Reforms Act, 1950. The predecessor -in -interest of the writ petitioner continued in possession of the land as raiyat and his name was duly entered in register II and he started paying rent to the State of Bihar. In 1969 the transferee made an application for sanction of plan for construction of Cinema hall for running a cinema in the name and style of Alka Cinema Hall. Petitioners case was that after construction of Cinema Hall all rent, taxes fixed including holding tax are being paid to the different authorities of the State of Bihar and the Lohardaga Municipality. All of a sudden, the petitioner was served with a notice dated 9.3.1987 from the office of Circle Officer, Lohardaga demanding "Tukur Salami" to the tune of Rs. 2,70,000/ - and commercial rent to the tune of Rs. 2,48,000/ -. On receipt of the notice the petitioner inquired and learnt that the Circle Officer on the basis of audit report of the Accountant General Bihar initiated proceeding for determination of salami and commercial rent. On the basis of audit objection a report was called for from the Circle Office and then the Circle Officer fixed the salami and commercial rent which was approved by the Additional Collector, Lohardaga and then Commissioner as per Rule 9(3) of the Khas Mahal Manual and returned the file to the Circle Officer who issued demand notice to the petitioner for payment of salami and commercial rent. Petitioners further case is that he being the occupancy raiyat his rights are protected under Section 21 of the Chotanagpur Tenancy Act (in short CNT Act) and enhancement of rent can be permissible only under Section 27 to 29 of the said Act.
(3.) THE appellants who were the respondents in the writ petition filed counter affidavit wherein it was stated, inter alia, that the commercial rent and salami was fixed under the provisions of Rule 9 of the Khas Mahal Manual since provisions of CNT Act was not applicable. It was stated that proceeding for recovery of salami and commercial rent was initiated by the Circle Officer in view of the audit report received from the Office of the Accountant General, Bihar.;