The court upheld the significance of adhering to lease terms and natural justice in lease renewal matters, affirming the state's actions in rejecting the renewal request based on documented breaches.

ORDER :

Amitendra Kishore Prasad, J.

1. The petitioners seek to challenge the order dated 07.02.2025 passed in Case No. A-20(1)/2024-25, whereby the representation/appeal preferred by the petitioners against the order of the Commissioner dated 30.10.2024 in Case No. 89/A- 20(1)/2023-24 has been rejected, thereby affirming the earlier decision of non-renewal of lease. The petitioners are entitled to renewal of lease as a matter of right under the terms and conditions of the original lease deed. Relying on such terms, the petitioners have altered their position to their detriment by investing substantial resources and constructing extensive infrastructure including a Hospital, Nursing school, Church, Christian community centre, and staff quarters. While applying for renewal, the petitioners unequivocally agreed to abide by each and every term and condition of the original lease. However, acting contrary to law and principles of natural justice, the application for renewal was arbitrarily rejected. Subsequently, without issuing any notice or providing the Petitioners an opportunity to respond to the report allegedly obtained by the Collector from the office of the Tahsildar, the lease was unilaterally cancelled on vague and unsubstantiated grounds of breach of lease terms. Pursuant thereto, the State authorities, without following due process of law, claimed possession over the subject land and commenced demolition of the petitioners’ structures. This series of arbitrary and unlawful actions has already led to multiple rounds of litigation before this Hon’ble Court. Ultimately, by order dated 06.11.2024 passed in W.P.(C) No. 5549/2024, this Hon’ble Court directed the State authorities to decide the Petitioners’ representation. The said representation was rejected vide the impugned order dated 07.02.2025, without any meaningful consideration of the factual matrix or the complex legal issues involved. Moreover, during the pendency of the legal proceedings, the respondents, with the apparent intent to render the pending litigation infructuous and frustrate the legal remedies available to the petitioners, proceeded with the demolition of the superstructures erected by the petitioners. The actions and omissions of the respondents, as delineated hereinabove, constitute gross violations of the petitioners’ fundamental, constitutional, and legal rights guaranteed under Articles 14, 19, 21, 25, 26, 29, and 30 of the Constitution of India, along with matters incidental and ancillary thereto. Through this writ petition, the petitioners seek the following reliefs : -

“10.1. A writ and/ or an order in the nature of appropriate writ do issue calling for the records from the respondent authorities pertaining to the petitioner's case for its perusal and to ascertain the fact of arbitrariness and acting against the principles of law and natural justice in the facts and circumstances of the case.

10.2. A writ and/or an order in the nature of writ of certiorari do issue quashing the impugned order dated 7.2.2025 (Annexure P-1) and in effect a writ in the nature of mandamus or any other nature do issue directing the respondent authorities not only to renew the lease of the petitioners for a further terms of 30 years, giving option to the respondent authorities to enhance the rent reasonably, with a condition of restoration of Superstructure as lying on the leasehold land demolished during the adjudication of right of the petitioners to hold the land with malice in law and malice in fact and in violation of petitioners' fundam