ERMOD KOHLI, J. - (1.) This Letters Patent Appeal arises out of the judgment dated 15th of February, 2006, passed by a learned single Judge in W.R (C) No. 4667 of 2005, whereby the writ petition, filed by the Respondent No. 1 herein, has been allowed and the said respondent is permitted to establish Petrol Pump over the land subject matter of dispute in this writ petition. The State of Jharkhand, the appellant before us, has challenged the legality and propriety of the impugned judgment, inter alia, on the following grounds: - "(i) That the learned single Judge has failed to appreciate that the principal lease is going to expire in the year 2009 and still permitted the writ petitioner to establish the Petrol Pump on the basis of a memorandum of understanding, whereunder the Respondent No. 1, writ petitioner was allowed to hold the leased land for a period of thirty years i.e. beyond the period of original lease. (ii) That the learned single Judge has allowed the occupation of leased property without permission of the State Government, the lessor. (iii) That the Petrol Pump has been allowed to be established without a valid license under the provisions of the Petroleum Act. (iv) That no valid sub-lease has been created by any legal instrument and in absence of there being any sub-lease, respondent No. 1 is not entitled to occupy the land and establish the petrol pump".
(2.) We have heard the learned Advocate General on behalf of the appellant-State and Mr. Delip Jerath, learned counsel appearing for the Respondent No. 1, the writ petitioner.
(3.) Before proceeding to examine the validity of the impugned judgment, it may be useful to briefly narrate the admitted facts.;