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2001 Supreme(Pat) 724

NARAYAN ROY
Md. Mehandi Imam @ Mehdi Imam – Appellant
Versus
State Of Bihar – Respondent


Judgment

Narayan Roy, J.

1. Heard Mr. Navin Sinha, learned Counsel appearing on behalf of the petitioner and Mr. V.N. Sinha, Government Pleader No. 9 for the State.

2. This question, which has fallen for consideration in this writ application, is as to whether the petitioner, who at one point of time was a lessee from the State of Bihar under the provisions of the Bihar Government Estates (Khas-Mahal) Manual, 1953 (hereinafter to be referred to as "Khas-Mahal Manual"), could have been evicted by a summary proceeding without resorting to the provisions of Rule 22 of the Khas-Mahal Manual even after the period of lease had expired long back.

3. The short facts giving rise to this writ application, which emerge from the facts enumerated in the writ application and the counter-affidavit, are as under:

It appears that a piece of land measuring 12x 25 having an area of 300 sq. ft. situate in village Moharrampur under Kotwali Police Station in the District of Patna, being part of Municipal Survey Plot No. 1132, Sheet No. 51, Ward No. 2, Circle No. 9 within the Patna Municipal Corporation was settled in favour of the petitioner on temporary basis vide lease deed dated 10-10-1971 for a perio



















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