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3. The parties have exchanged their affidavits and the matter has been taken for final disposal with the consent of the parties.

BRIEF FACTS OF THE CASE

4. It is the case of the petitioner that in the year 1988 the then Patna Regional Development Authority (in short 'PRDA') published a notice inviting the public to make application for allotment of KIOSK in Mauryalok Commercial Complex. It is not in dispute that the petitioner had applied for the KIOSK, pursuant thereto the KIOSK was settled in his favour on lease hold basis for a period of 11 years on certain conditions. The letter of settlement/allotment as contained in Annexure '1' to the writ application shows that on 28.03.1988 settlement had taken place. The premium amount was fixed at Rs. 41,751/- and 50% of the amount was required to be deposited initially which the petitioner Patna High Court CWJC No.12297 of 2019 dt.01-10-2019 deposited on 23.04.2008 vide Annexure '2' to the writ application. Thereafter, he paid further amount and it is not in dispute that though initially the KIOSK was allotted for sale of Books, Newspaper and other Journals, vide letter dated 27th December, 1995, as contained in Annexure '3' to the writ application, the State Officer of the 'PRDA' permitted a change of business and permitted the petitioner to do his business of breakfast etc. Water connection was accordingly provided to the petitioner vide Annexure '4' to the writ application. No registered sale deed was executed but the petitioner continued as an allottee/lessee for a period of 11 years without there being any allegation of breach of the terms and conditions of his allotment.

5. It further appears that by letter dated 25.01.2000 the lease was renewed for a further period of 11 years and the petitioner was directed to deposit a sum of Rs. 46,751/- by 30.01.2000. The petitioner deposited the same and continued with the KIOSK. On expiry of the renewed period of 11 years, once again the petitioner applied for renewal on 29.10.2010 which was considered by the State Officer of the Corporation (since by this time the 'PRDA' has been abolished and these properties vested with the Corporation) on the similar terms, the lease of the petitioner was renewed for another period of 11 years on deposit of sum of Rs. Patna High Court CWJC No.12297 of 2019 dt.01-10-2019 52,189/-. He was directed to get the lease deed executed in the prescribed format and for this purpose he was required to deposit Rs. 52,189/-. The petitioner deposited the said amount on 30.12.2011 (Annexure '6' to the writ application). After accepting the amount towards renewal, the respondent Corporation did not make further correspondence with the petitioner and the petitioner continued to occupy the KIOSK as an allottee.

15. Having heard learned counsel for the petitioner and learned counsel for the Corporation as also upon perusal of the records, this Court finds that the KIOSK in question was constructed by the then 'PRDA', there is no denial that it was in the Master Plan of the Mauryalok Complex and pursuant to the invitation and offer issued by the then 'PRDA' the petitioner had Patna High Court CWJC No.12297 of 2019 dt.01-10-2019 submitted his application and was allotted the KIOSK no. 2 for sale of books and journals. It is also not in dispute that in the year 2000 once again the lease period was renewed by another 11 years and in 2011 once again it was extended for another 11 years i.e. up to the month of February, 2022. Although the respondent Corporation has quoted some of the paragraphs from the lease deed said to have been executed in the year 1988-89 but the copy of the same has not been brought on record. A reading of the statements made in the counter affidavit particularly paragraph 3(ii) it would appear that the Corporation has taken a stand that the period of lease was extended by another 11 years. However, the lease as contained in Annexure '5 and '5/1' to the writ application talk of renewal of the lease deed. Under these circumstances the question arises as to whether in absence of there being a registered lease deed for the extended period, the respondent Corporation is justified in saying that no lease was existing in respect of KIOSK No. 02. In order to thrash out this issue, it would be relevant to quote Section 107 of the Transfer of Property Act which reads as under:-

33. At this stage, this Court would rely upon the judgment of the learned co-ordinate Bench of this Court in the case of M/s Hindustan Petroleum Corporation Limited Vs. The State of Bihar and Ors. reported in 1996 (2) PLJR 621 which has been affirmed by Hon'ble Division Bench in L.P.A. NO. 1047 of 1996 and a SLP (C) No. 001506 of 1998 preferred agaisnt the same was also dismissed. In the said case the then 'PRDA' and its officers had demolished a retail petrol outlet of the petitioner company situated at a plot of land which was given to the petitioner company on lease by Patna Women's College, Patna. In the said case the petitioner had entered in the premises on the basis of a registered lease deed but thereafter, though the petitioner company continued to paying the rent in terms of the lease deed but subsequently fresh lease deed were not created. It was the contention of the College authorities that they had terminated the lease and had not accepted the rent from 1994. The then 'PRDA' demolished the entire petrol pump and structure standing there on when the courts were closed on account of Holidays for 'Holi', no prior notice or intimation or show cause of anykind was given to the petitioner and no suit was pending against the petitioner for eviction. It was the contention of the 'PRDA' in the said case that the building was demolished because it had come up without any Patna High Court CWJC No.12297 of 2019 dt.01-10-2019 sanction plan. The authorities came with a plea that there was a Master Plan approved in the year 1964 and the same was approved in the year 1967 but in the said Master Plan did not show any Petrol Pump in the area in question nor does the Master Plan of 1985 show any such Petrol Pump.