R.K.MERATHIA, J. - (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. Mr. P.K. Prasad, appearing for the petitioner, relying on Annexure 7, (Letter No. 2462 (Ra) dated 28.9.1994 written by the Deputy Commissioner, Hazaribagh to the Secretary to Commissioner), submitted that the lease land was found adjacent to the main building within a boundary wall. He further submitted that in similar circumstances, lease of other persons were renewed. He further submitted that at best the lease could be cancelled under Clause 9 of the lease but no order for resumption of possession could be passed. He further submitted that only Clause 10 of the lease provides for resumption of land. He further submitted that as the option for renewal was exercised before the expiry of lease, the right of re -entry/resumption was lost by the authorities. He referred to Rules 21 and 22 of the Bihar Government Estate (Khas Mahal) Manual 1953 (Khas Mahal Manual for short) and the judgments of Ramendra Nath Khan v. State of Bihar and Ors. 1988 BLT (Rep) 540 and the State of U.P and Ors. v. Lalji Tandon
(3.) CLAUSES 9, 10 and 12 of the lease deed dated 30.3.1948 reads as follow: 9. The Deputy Commissioner may cancel the lease, if the buildings are not completed within two years of the date on which it was executed or within such further time, if any, as the Deputy Commissioner may allow. On such cancellation the Deputy Commissioner may by notice in writing require the ex -lessee to remove within a reasonable time any buildings which may have been commenced and not completed or the materials which may have been collected on the land and if he fails to comply with such notice, the Deputy Commissioner after giving a further notice in writing specifying a time not less than one month from the date of service of the notice within which such buildings or materials shall be removed, may cause such removal to be effected and recover the cost from him. 10. If the lessor at any time before the expiration of the lease is desires for any public purpose of resuming possession of the said demised premises or any part thereof and shall under the hand of the Deputy Commissioner serve notice of such desire on the lessee and shall tender him compensation for any building or other improvement which he may have erected or made with the written consent of the Deputy Commissioner or for any deterioration in the value of his holding caused by severance or for such other loss as to the Deputy Commissioner may semi equitable the lessee shall within three months from the date of receipt of the notice aforesaid vacate the said demised premises or such part thereof as specified in the said notice, In case of disagreements to the amount of compensation aforesaid, the matter shall be referred to the Commissioner whose decision shall be final. 12. On breach of non -observance of any of the terms or conditions aforesaid, excepting conditions mentioned in Clause 3, 5, 6 and 8, the Deputy Commissioner may re -enter upon the said demised premises and may determine the lease. Provided that in case of such re -entry and deterioration excepting breach of the condition in Clause 2 and 7, the lessee shall be entitled to compensation for standing crops and trees planted by him and for all buildings erected and other improvement made by him with the consent of the Deputy Commissioner, the amount of such compensation to be fixed by the Deputy Commissioner whose decision shall be final and conclusive. ;