The expiration of a lease deprives the lessee of legal rights, and public interest can outweigh private interests in cases of land encroachment.

S.N.Jha, J.

1. This Letters Patent Appal is directed against the order of the learned Single Judge dated 9.8.2001 in CWJC No. 7028 of 2001 [reported in 2001 (3) PLJR 762] dismissing the writ petition of the appellant.

2. The appellant filed the above mentioned case for quashing the order of the Circle Officer, Patna Sadar dated 25.5.2001 in Land Encroachment Case No. 8/2000-01 directing him to remove the encroachment from the land in question measuring 300 square feet (25 X 12) of Plot no. 1132 at Mohalla Bakarganj (mentioned by its survey name of Mauza Moharrampur in the order/notice). The case of the appellant is that the land in question was given in lease to him under a registered deed of lease for a period of three years on 11.10.1971. Before expiry of the period, on 7.8.1974 he applied for renewal which however was rejected by the State Government vide Memo No. 2031 dated 27.5.1975. Against the said order the appellant moved this Court in CWJC No. 1532 of 1976 which was disposed of on 13.7.1976 with an observation not to evict the appellant except in accordance with law. The appellant remained in peaceful possession of the land in question until 2.11.99 when the respondents forcibly intruded into the leasehold and demolished part of the the structure. He again approached this Court in CWJC No. 11787 of 1999. By interim order dated 13.12.99 possession of the appellant was directed not to be disturbed during pendency of the case. By subsequent orders respondents were not only restrained from disturbing the appellants possession but also directed to construct the demolished portion and to pay cost of Rs. 25,000/- to him. The writ petition was finally disposed of on 24.3.2001 with an observation that if the respondents want to proceed, they may proceed in accordance with law and in accordance with the Division Bench judgment in CWJC No. 1532 of 1976 (supra). Thereafter the respondents initiated the aforementioned Encroachment Case No. 8/2000-04 before the Circle Officer, Patna Sadar. The appellant appeared and filed time petition on 30.3.2001 for filing show cause. The respondents however kept the appellant in dark about the dates and finally passed the impugned order asking him to remove the encroachment. The appellant in the circumstances preferred writ petition, CWJC No. 7028 of 2001, w,hich was dismissed by the impugned order.

3. The case of the appellant is that having been inducted as lessee he cannot be treated as trespasser nor the structure made thereon can be said to be encroachment. The land in question in fact being part of the khas mahal land he cannot be evicted from the land save by filing suit in the Civil Court as per Rule 22 of the Khas Mahal Manual .

4. Shri Navin Sinha, learned counsel for the appellant, submitted that the appeallant being a tenant at sufferance after expiry of the lease, he could not be treated as trespasser. The lease having been granted under Khas Mahal Manual the rights between the parties are governed by the provisions of the said Manual and not the Bihar Public Land Encroachment Act. Reliance was placed on Ashwani Kumar Gupta V/s. State of Bihar & Ors. 2000 (2) PLJR 221. Counsel submitted that the learned Single Judge misread the earlier order of this Court in CWJC No. 1532 of 1976 as permitting authorities to evict the appellant by taking recourse to the Land Encroachment Act. In any case, it was submitted, the lease having expired in the year 1974 and no steps for evictction having been taken till 1989; instead, rent during the period having been accepted from the appellant, the respondents can not be permitted to take recourse to shortcut method depriving the appellants of defences which are otherwise available to him in a suit. In support of the contentions counsel relied on Government of Andher Pradesh V/s.Thummala Krishna Rao and Anr.,AIR 1982 SC 1081, The Gait Public Library and Institute V/s. The State of Bihar and Ors., 1995 (1) PLJR 585 and M/s Hindustan Petroleum