M.Y.EQBAL, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the decision as contained in letter dated 19.1.2002 whereby the respondents -authority have taken a decision to amend clause 14 of the condition of lease deed by incorporating that for second renewal of lease, the lessee shall be liable to pay 50% of the market value of the land excluding the prepaid salami for further renewal.
(2.) THE petitioner's case, in brief, is as under: - The respondent -State being the owner of Khas -mahal land, leased out various land situated in the estate of Chaibasa to different persons for their occupation and for residential purposes. One of such lands being Khas -mahal holding No. 1398 of European Quarter, Chaibasa bearing portion of Khas -mahal Plot Nos. 2796 and 2797 having an area of 2.54 acres was leased out to the predecessors -in -interest of the petitioner. The lease was originally granted to the grandfather of the petitioner late Saileshwar Sengupta vide lease deed dated 8.9.1924. The said lease deed was executed by the Deputy Commissioner on behalf of the Secretary of the Estate of India in Council. Again the lease was renewed for a period of 30 years with effect from 1.4.1935 by deed dated 6.6.1955 in favour of the grandfather of the petitioner. After expiry of 30 years, the lease in question was again renewed for a period of 30 years with effect from 1.4.1965 by deed dated 6.4.1965. The petitioner's case is that the grandfather of the petitioner expired in 1965 and after his death, his legal heirs being sons and daughters, stepped into the shoes of the deceased Saileshwar Sengupta and became the lessee in respect of the land in question. Accordingly, the name of legal heir of the deceased Saileshwar Sengupta was mutated in respect of the leasehold land vide case No.154/91. The petitioner's further case is that he being the grandson of the original lessee Saileshwar Sengupta, has been holding the said leasehold land as a lessee after the death of his father Sri Shyamal Kumar Sen in October, 2000. As stated above, the last lease deed expired in the year 1995 and the legal heirs of the said original lessee applied for renewal of the lease in respect of the leasehold property. The said application was numbered as TKM Case No. 781 (L) of 1994 -95 which is still pending. In the said case, the father of the petitioner was one of the joint applicants and after his death, the petitioner and his mother applied for substitution which was allowed. It is stated by the petitioner that the Land Reforms Deputy Commissioner has already approved the proposal for renewal of the lease in favour of the legal heirs of the original lessee, but till date, no action has been taken by the respondents and the matter is still pending. However, suddenly on 19.1.2002, a letter was issued under the signature of the Deputy Secretary, Department of Revenue and Land Reforms, Government of Jharkhand whereby the Deputy Secretary informed all the Commissioners and Deputy Commissioners a decision taken for amending clause 14 of the lease deed i.e. the renewal clause. According to the said letter, it was clarified that the rent is to be doubled, but for the second lease i.e. after 60 years, if the lease is to be renewed, the salami at the rate of 50% of the market value is to be taken from the lessee at the time of renewal. A copy of the said letter has been annexed as annexure -6 to the writ petition. The petitioner's case is that the original lessee of the petitioner expired in 1995 and therefore, the impugned letter issued in 2001 cannot be made applicable retrospectively. A counter affidavit has been filed by the respondents wherein they have justified the issuance of the impugned letter sought to amending clause 14 of the Khasmaha/lease deed.
(3.) THE moot question that falls for consideration is as to whether the decision taken by the respondents in the year 2001 shall have retrospective effect In other words, the amended provision will also apply to those cases which are pending before the respondents -authority for renewal of the khas -mahal lease before the issuance of impugned letter.;