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2021 Supreme(Pat) 965

MOHIT KUMAR SHAH
Uday Sinha – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Anil Kumar Sinha, Mr.Kundan Bahadur Singh, Mr.Sujeet Kumar Sinha, Mr.Indrajeet Singh, Mr.Alok Kumar Verma, Mr.Navin Sinha, Mr.M.K.Sinha, Mr.Dilip Kumar Sinha, Mr.Shailendra Kumar Sinha, Mr.Shailendra Kumar Sinha,
For the Respondent: Mr.S.S.Naiyar Hussain, adv

JUDGMENT :

1. With the consent of the parties, all the aforesaid writ petitions have been taken up for hearing together since the same involve same and similar issues as also common question of law and are being disposed off by this common judgment.

2. The petitioners of the aforesaid writ petitions have challenged the action of the Collector, Patna, who has issued the impugned letters, whereby and where under the lease deeds of the petitioners have been cancelled and it has been directed to resume possession of the land in question along with the structure present over the same.

3. The learned counsel for the petitioners have not only challenged the mode and manner in which the lease of the petitioners have been cancelled but have also submitted that any resumption of the lease hold property can only be through the due process of law i.e. by approaching the Civil Court of competent jurisdiction and even if the period of lease has expired or the lease stands cancelled, yet the status of the lease holder would be juridical in nature. It is also submitted that the leases in question being perpetual leases cannot be subject to any interference by the respondent-State. It is further submi

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