Prem Kumar Singh And ORS v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7393 of 2010 ======================================================

1. Prem Kumar Singh S/O Late Devendra Prasad Singh, R/O Vill.- Bariaighu, P.S. Mufassil, Distt.- Begusarai (Lessee of Shop No. 17 & 18)

2. Upendra Singh S/O Late Geeta Singh, R/O Vill.- Babhangama, P.S.- Birpur, Distt.- Begusarai (Lessee Of Shop No. 27)

3. Tun Tun Sah S/O Late Tilo Sah, R/O Vill.- Chak Punarwash, P.S.- Matihani, Distt.- Begusarai (Lessee of Shop No. 25) .... .... Petitioner/s

Versus

1. State of Bihar

2. The District Magistrate, Begusarai-Cum-Chairman Swarn Jayanti Pustkalaya, Begusarai

3. The District Education Officer-Cum-Secretary Swarn Jayanti Pustkalaya, Begusarai (Lessor - 1st Party)

4. The Circle Officer Begusarai

5. The Sub-Divisional Officer-Cum-Upadhyaksh Swarn Jayanti Pustkalaya, Begusarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandeep Shankar For the Respondent/s : Mr. Anil Kumar Singh, AC to G.P.-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-03-2015 Heard the parties.

The only surviving grievance of the petitioners in the present writ petition is that the respondent no.2 is not renewing their lease with respect to the shops in question, which were earlier leased out to them, in spite of the resolution of the Executive Committee taken in its meeting dated 27.10.2009, communicated to the petitioners besides others vide letter dated 20.03.2010 (Annexure-1) issued by the respondent no.3, on the ground of pendency of the present writ petition and the interim order passed by this Court.

Learned counsel appearing on behalf of the petitioners submits that by virtue of the interim order passed by a Bench of this Court on 28.04.2010, the petitioners are still in possession

Patna High Court CWJC No.7393 of 2010 (3) dt.12-03-2015 2/2 over the shops in question and they are paying rent for the same, but the leases of the petitioners are not being renewed, though a decision has already been taken by the resolution of the Executive Committee as contained in Annexure-1 to renew such leases. It is also the case of the petitioners that they have applied for renewal of their leases, but the matter has not been finally disposed of till date.

In above view of the matter, the petitioners are directed to appear before the respondent no.2 within a period of four weeks from today with a certified copy of the present order and they shall file their separate comprehensive representations in support of their claims, whereafter the respondent no.2 shall pass appropriate final order strictly in accordance with law within a maximum period of three months by taking into consideration the Clause-1(Gha) of the resolution of the Executive Committee, as contained in Annexure-1 to the writ petition. The writ petition stands finally disposed of with observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U