NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the orders dated 9th March, 2004, 6th December, 2004 and 11th May, 2007, contained in Annexures -13, 13/Aand 15, respectively, passed by the respondents, whereby the petitioner has been asked to vacate the premises i.e. land and building for which the licence was granted to run the school.
(2.) IT has been stated that in the year 1991, there was an agreement of licence between Railways and Regional Deputy Director of Education, South Chhotanagpur Division, Ranchi, whereby licence was given to run and maintain the school in the name of Shiksha Niketan over the land of the Railways. The said licence expired in the year 2001. The Railways, thereafter, had taken a decision for renewal for further ten years upto 2011. subject to approval of the Ministry of Railways. However, the same could not materialise and further agreement was executed for renewal of licence. By letter dated 9th March, 2004, notice was given by the Divisional Railway Manager addressed to the Regional Deputy Director of Education, asking to vacate the land and building of the Railways, as they require the same for the purpose of Divisional Office, recently opened at Ranchi.
(3.) THE Principal of the said School approached the concerned authority by filing representation through the Regional Deputy Director of Education requesting for renewal of the licence, as decided earlier, but the same was not heeded upon. Again another notice dated 6th December, 2006 was issued to the Regional Deputy Director of Education for vacating the premises. In the said notice, the Railways have also asked the Regional Deputy Director of Education to deposit the occupation fee for the period 2003 to 2006. It has been stated that the petitioner deposited the said occupation fee, as demanded by the Railways, but again another notice has been issued to the Regional Deputy Director of Education on 11th May, 2007 asking to vacate the land and building of the Railways.;