RAJENDRA MENON, J.

1. Seeking exception to an order dated 08.10.2015 passed by the learned Writ Court in C.W.J.C. No. 19325 of 2013, this appeal has been filed by the State Government and the issue in question involved pertains to lease granted to the respondent Society and its members (lessee) and certain action said to have been taken by the Society in pursuance to the lease granted.

2. Taking shelter of a policy which came into force in the year 2011, namely, the Bihar Khas Mahal Policy, 2011, action was proposed to be taken against the Society and the Society and its members (lessee) approached this Court in the writ petition and in the writ petition it was found that the policy of 2011 will have prospective effect, will not apply and cannot be made applicable to any act of the Society and its members prior to coming into force of the policy and further holding that if any act has been undertaken contrary to the lease deed prior to forming of the policy, the State had right to proceed in the matter of cancellation of the lease deed in terms of the lease deed and to get the lease deed cancelled in accordance with law or to take recourse to the remedy of filing a suit for