Navin Sinha, J.

1. The original petitioner, Dr (Mrs) Iva Rani Hazari was the lessee of Khas Mahal lands measuring 6 Kathas 18 Dhurs 5 Dhurkies bearing Holding No. Nil, Circle No. 13, Plot No. 15, Ward No. 10, Block No. C, in Kadamkuan, Khas Mahal T No. 17023, RS. Pirbahore, under a lease deed executed by the Col lector of Patna in favour of her ancestor. She has been deceased during the pendency of this application and was substituted by the present petitioner, the legatee under her will.

2. The writ petition was filed challenging the show cause notice dated 23.8.2001 issued by the Collector, Patna, questioning the construction by her of a multi-storeyed residential apartment styled "Kanika Mehar Apartment" on the Khas Mahal lands leased to her for residential use, through a professional builder thus commercialising the lands, and the user contrary to the conditions of the lease. She was required to show cause why the lease be not cancelled for breach of the conditions of the lease. The writ petition also questioned the consequential orders dated 29.8.2001 and 19.9.2001 of the erstwhile Patna Regional Development Authority (hereinafter referred to as "the PRDA") directing h