A lessee's possession, even after lease expiry, is juridical and can only be terminated through legal procedures. Forcible dispossession is prohibited.

NAGENDRA RAI, J.

1. With the consent of the parties the writ application has been heard at the stage of admission itself and is being disposed of by this order.

2. The present application has been filed by the petitioner for quashing the order dated 3.3.1994 contained in memo no. 484 passed by the Collector, Patna (respondent no. 3) by which he has resumed the land of plot no. 2100 area 3.64 acres and building standing thereon situate on road no. 15, Gardanibagh in exercise of power under Rule 21 of the Bihar Government Estates (Khas Mahal) Manual, 1953, for the public purpose and directed the Anchal Adhikari to take possession of the same. A copy of the said order is annexed as Annexure-7 to the writ application. The petitioner has also challenged the action of the respondent authorities in taking forcible possession of the aforesaid land and the structures standing thereon on 10.3.1994.

3. There is no dispute that the said land belongs to the State Government and the same was leased out to the petitioner.

4. The petitioner's case is that it is a society registered under the Society Registration Act. The persons employed in the provincial Secretariat of the then province of Bihar and Orissa on 23.11.1916 established a library and a institute at Ranchi. At that time Ranchi was the temporary Capital of the then provision of Bihar and Orissa on separation from Bengal. Later on when the capital was shifted to Patna the aforesaid library and institute also shifted to Patna. In the year 1920 the then local government gave the aforesaid piece of land for establishing the library and institute and also sanctioned Rs. 2000/- for constructing a building. On 18.12.1920, Sir Edwar Albert Gait, the then Governor of Bihar and Orissa laid the foundation stone of the building of the library and the institute and the said institution was named after him. The amount given by the government was not sufficient to meet the cost of construction of the library, so the office bearers of the institute collected donations from the public and constructed the building. The main object for opening the library and the institute was to provide within an easy reach to the residents of the capital area an institution which might cater to their varying tastes of intellectual, moral, physical and social well being.

5. In early thirties, a part of the land was acquired by the State Government for construction of the Water Tower on Road No. 13, in Gardanibagh and also for the Gardanibagh Thakurbari and only about 3 acres of land remained in possession of the library and the institute. In 1934 the building was damaged due to earthquake as a result of which several books and papers were lost. In 1975 as well, due to flood in the Patha town the papers concerning the library and the books were damaged and lost. Due to the aforesaid reasons the documents including deed of lease of land executed in 1920 was not traceable, however, a deed lease executed in the year, 1939 (Annexure-13) was made available after great efforts, from perusal of which it transpires that on 10th November, 1925 a lease for 10 years was executed in favour of the institute. It further appears that after expiry of the aforesaid period the petitioner with the consent of the lessor State Government remained in possession of the land and building and a fresh lease was executed in the year, 1939 for a period of 10 years commencing from February, 1935. After expiry of the aforesaid period of lease the petitioner continued in possession and the Government from time to time granted aid and also appointed its nominees in the Managing Committee of the library.

6. In the year, 1991 the Secretary of the Library was asked to attend the meeting in the chamber of the Chief Minister with regard to selection of a site of Gardanibagh College. The Secretary participated and suggested different sites. Thereafter, without any information or opportunity of hearing the impugned order has been passed by the Col