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B. R. SARANGI, SUJIT NARAYAN PRASAD
Parmeshwar Singh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Heard Mr. P.P.N. Roy, learned senior counsel for the petitioner, Mr. Mohan Kumar Dubey, learned AC to Advocate General and Mrs. Richa Sanchita, learned counsel for the respondents-BIADA.
2. The appellant files the instant intra-court appeal challenging order dated 27.07.2023 passed in W.P.(C) No. 2449 of 2022 by which the learned Single Judge has dismissed the writ petition on the ground that plea of principles of natural justice is not tenable on law or fact.
3. Learned senior counsel vehemently contended that before cancellation of lease at least, notice is to be issued to the appellant and as such there should be compliance of the principles of natural justice but the learned Single Judge has failed to appreciate the same and consequently, has dismissed the writ petition, as a result the instant appeal has been filed.
4. Learned counsel for the respondents has submitted that it is right that the lease deed was executed between the parties and the appellant is bound to the conditions stipulated in the lease deed thereby the learned Single Judge has not committed any error in dismissing the writ petition.
5. Having heard learned counsel for the parties and after going throug
The court upheld that lease conditions permit cancellation without notice if the lessee fails to utilize the land for its intended purpose, thus no violation of natural justice occurred.
Compliance with the provisions of Sub-section 2 of Section 6 of the Bihar Industrial Area Development Authority Act, 1974 is essential in the cancellation of plot allotments by the authority.
Express conditions in a lease must be strictly adhered to; violation justifies cancellation based on section 111(g) of the Transfer of Property Act.
Failure to utilize allocated industrial land justifies its cancellation under statutory provisions.
The principles of natural justice apply in contractual matters with civil consequences, allowing for judicial review of decisions that violate these principles.
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