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P. B. BAJANTHRI, ARUN KUMAR JHA
State of Bihar – Appellant
Versus
Sidharth Pratap – Respondent
ARUN KUMAR JHA, J.:–Heard learned counsel for the appellants and learned counsel for the respondent.
2. The present L.P.A. is directed against the order dated 21.03.2017 passed in CWJC No. 2162 of 2013 by the learned Single Judge of this Court whereby and whereunder the civil writ petition filed by the petitioner-respondent herein has been allowed and the Collector, Purnea was directed to execute lease deed in favour of the writ petitioner in accordance with the rules within three months from the date of receipt/production of a copy of that order and furthermore, Memo No.2152 dated 15.10.2016 issued by the Additional Collector, Purnea was quashed.
3. Initially, in the writ petition, the petitioner-respondent herein had claimed the following reliefs:—
“(i) For commanding the respondents to immediately execute the lease deed in favour of the petitioner in respect of Bihar Government Khas Mahal land of Ward No. 11(old), Municipal survey khata No.1, Municipal survey plot No. 115/621 (ka) (kha) (part), area 15 Kattha, i.e. 24 decimals and 7½ Karies situated within the Purnea Municipality (now Purnea Municipal Corporation, Purnea) for which the petitioner has already deposited the salami am
Renewal of a lease is discretionary and contingent on fulfilling lease terms; violation of conditions, including unauthorized use, disqualifies entitlement.
Government actions must be in conformity with reason and public interest. The Government cannot act arbitrarily and must act for the public good.
Advocates appeared :For the Appellant : Ravish Agrawal, Sanjay Agrawal For the Respondent : Pushpendra Yadav, R. N. Singh, Akshay Pawar
The court ruled that an unregistered lease does not confer rights, and amendments changing the nature of a petition are impermissible if no enforceable rights exist.
The authority has the power to terminate a lease in case of breach, and a notice must be served before termination.
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