Patna High Court
The State Of Bihar & Ors vs Khas Mahal Citizen Welfare Society on 19 July, 2017
Bench: Chief Justice, Anil Kumar Upadhyay
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.979 of 2016
Arising out of
Civil Writ Jurisdiction Case No. 19325 of 2013
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1. The State of Bihar through the Principal Secretary, Department of Revenue and
Land Reforms, Government of Bihar, Patna
2. The Principal Secretary, Department of Revenue and Land Reforms, Government
of Bihar, Patna
3. The Chief Secretary, Government of Bihar, Patna
4. The District Magistrate-cum-Collector, Patna
5. The Additional Collector, Revenue, Patna
6. The Circle Officer, Patna Sadar, Patna
.... .... Appellant/s
Versus
Khas Mahal Citizen Welfare Society, A Society duly registered under the Societies
Registration Act, 1860, having its registered office at Budh Murti Baldeo Sahay
Path, Kadamkuna, through its General Secretary Syed Irfan Ahmed, S/o Late Syed
Masood Ahmed, residing at Baldeo Sahay Path, Kadamkuan, P.S.- Kadamkuan,
District- Patna
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Khurshid Alam, AAG-12
For the Respondent/s : Mr. Y.V. Giri, Sr. Advocate
Mr. Jitendra Kishore Verma, Advocate
Mr. Nikhil Kumar Agrawal, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date: 19-07-2017 Seeking exception to an order dated 08.10.2015 passed by the learned Writ Court in C.W.J.C. No. 19325 of 2013, this appeal has been filed by the State Government and the issue in question involved pertains to lease granted to the respondent Society and and its members (lessee) and certain action said to have been taken by the Society in pursuance to the lease granted.
Patna High Court LPA No.979 of 2016 dt.19-07-2017 2/3
2. Taking shelter of a policy which came into force in the year 2011, namely, the Bihar Khas Mahal Policy, 2011, action was proposed to be taken against the Society and the Society and its members (lessee) approached this Court in the writ petition and in the writ petition it was found that the policy of 2011 will have prospective effect, will not apply and cannot be made applicable to any act of the Society and its members prior to coming into force of the policy and further holding that if any act has been undertaken contrary to the lease deed prior to forming of the policy, the State had right to proceed in the matter of cancellation of the lease deed in terms of the lease deed and to get the lease deed cancelled in accordance with law or to take recourse to the remedy of filing a suit for getting the transaction declared as null and void i.e. which took place prior to coming into force of the policy in question. Prima facie holding that the policy in question which came in the year 2011 cannot be used against the acts of the Society and its members which took place prior to coming into force of the policy, the writ petition has been allowed and liberty has been granted to the State Government to proceed in accordance with law for violation of the lease deed granted. In fact by the policy in question the State Government is trying to change the conditions of the lease, which according to learned Writ Court was not permissible. Patna High Court LPA No.979 of 2016 dt.19-07-2017 3/3
3. In the circumstances, we are of the considered view that the Writ Court has not committed any error warranting consideration.
4. The Letters Patent Appeal stands dismissed.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
P.K.P.
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 21.07.2017
Transmission
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