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2011 Supreme(Jhk) 345

BHAGWATI PRASAD, PRAKASH TATIA
Union Club, Dhanbad – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P.K. Prasad.
For the Respondent State: Mr. R.R. Mishra.
For the Zila Parishad, Dhanbad : M/s Niranjan Singh, O. P. Singh.

Order

Heard learned counsel for the petitioner.

2. The petitioner club has come up before this Court in a writ petition claiming rights under a lease and its subsequent two renewals. A question was raised before this Court whether there was any lease at all? The original was never produced by the petitioner. On being asked where is the original, the petitioner showed inability to produce the original lease deed. The State was asked to investigate as to whether there was ever any original lease. The State has come up after thorough investigation that the lease which is being claimed to be in existence has not found its existence in the Registrar's Office of the District-Dhanbad as well as Purulia (West Bengal) which was the original district for Dhanbad. Therefore, the existence of the original lease deed, according to the Government's reply, is not only a doubtful proposition but it has not found its place anywhere in the registers of the office of the Registrar for registering the lease. Therefore, the very question whether the petitioner was ever granted a lease in first place is a doubtful question and the petitioner's case is based on a copy of the original lease deed which has b










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