The court upholds the necessity for adherence to natural justice and prior judicial determinations concerning leasehold rights.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 31-01-2026 Heard Mr. Noudhad Khan, learned counsel appearing on behalf of the petitioner and Mr. Alok Ranjan, learned counsel for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:-

“(I) For issuance of a writ in the nature of certiorari for quashing the impugned order dated 23.01.2023 passed by the Additional District Magistrate, Motihari in Memo No.319/2022 .

(b) For issuance of a writ in the nature of certiorari for quashing the appellate order dated 09.06.2025 passed by the District Magistrate, Motihari in Appeal Case No.18/203.

(c) For issuance of a writ in the nature of mandamus commanding the respondents to restore the petitioner’s name in all Khas Mahal lease registers, revenue records and municipal records as co-leasee under Registered Lease Deed No.17109 dated 06.09.1993 in respect of Shop No.19 Khas Mahal, Motihari.

(d) For issuance of a writ in the nature of mandamus/prohibition restraining the respondent authorities from entertaining processing or granting any renewal, mutation, lease extension or correction of records in favour of respondent nos. 6-9 or any other person claiming through them in respect of Shop No.19 or the illegally amalgamated portion of shop no.18 during the pendency of the present writ petition.

(e) For any other relief or reliefs as this Hon’ble Court may deem fit and proper in the interests of justice.”

3. The Brief Facts of the Case are that a Shop No. 19, Khas Mahal, Motihari was jointly allotted to the petitioner and his elder brother, Late Md. Jahangir, under a registered Lease Deed No. 17109 dated 06.09.1993 for a period of 30 years commencing from 01.04.1993. The lease deed clearly records both as joint lessees with equal rights. From 1993 to 2011, all Khas Mahal and municipal records consistently reflected their joint names. Around 2011, during the petitioner’s temporary absence from Motihari, his name was illegally deleted from the Khas Mahal Register without notice, inquiry, or any lawful order, in violation of principles of natural justice. Upon representation, the Additional District Magistrate, Motihari, by Letter No. 507 dated 11.03.2013, confirmed that the lease had been jointly allotted and directed that both names be reflected in official records. After the death of Late Md. Jahangir on 13.07.2020, Respondent Nos. 6–9 allegedly took advantage of the illegal deletion of the petitioner’s name and forcibly dispossessed him from Shop No. 19. They demolished the side boundary wall, encroached upon adjoining Government land (Shop No. 18), amalgamated it with Shop No. 19, and commenced commercial use. The petitioner filed a renewal application on 06.07.2022 seeking renewal of lease and restoration of his name. A physical inspection report dated 23.07.2022 and multiple subsequent revenue inquiry reports (2022–2023) consistently confirmed that the petitioner was the original joint lessee and deletion of his name was illegal and the Respondent Nos. 6–9 had encroached upon Government land.

Despite these findings, the Additional District Magistrate, by order dated 23.01.2023 (Case No. 319/2022), recognized Respondent Nos. 6–9 as successors of Shop No. 19, ignoring the petitioner’s registered lease and inquiry reports. The Commissioner, Tirhut Division, in Appeal No. 104/2023 dated 02.05.2023, directed reconsideration in accordance with the Khas Mahal Manual. A subsequent DCLR inquiry report dated 07.11.2023 again confirmed the petitioner’s jo