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2005 DIGILAW 632 (PAT)

Dinesh Yadav and Jawahar Poddar v. State of Bihar

2005-07-22

body2005
ORDER Heard learned counsel for the petitioners, the State and Sri Chakradhari Sharan Singh appearing for respondent nos. 2, 3 and 5, the functionaries of the Swarn Jayanti Library Committee, Begusarai. 2. It appears that the petitioners are lessee of the Swarn Jayanti Library Committee and the lease document as contained in Annexures 5 & 5A to this writ application, perusal whereof indicates that the lessee can be evicted for violating the terms of the lease agreement by resorting to a proceeding in terms of the provisions as contained in the Bihar Government Premises (Rent, Recovery & Eviction) Act, 1956. It appears dispute arose between the parties that the petitioners have to sublet the leased property, where after notices were served on them to show cause, and then order contained in Annexures-9 & 9A dated 9.9.2004 have been passed directing eviction of the petitioner from the leased property. It appears from perusal of the aforesaid two orders dated 9.9.2004 that the authorities are of the definite opinion that petitioner no. 1 has sublet the leased property and petitioner no. 2 not only sublet the leased property but there is also in arrears of rent then considering the aforesaid fact the eviction of the petitioners has been directed. 3. Learned counsel appearing in support of this writ application contended that the authorities of the Library Committee being the authorities of the District Administration should not force their entry in the leased premises as that shall be contrary to law. In support of said submission learned counsel has relied on a judgment of this Court rendered in the case of Salim Lari and another Vs. The State of Bihar and others, reported in PLJR 2005(3) 125. with reference to the said case it is submitted that the authorities. If not satisfied about the conduct of the petitioners they should resort to a proceeding for their eviction in the Civil Court and then only the petitioners should be evicted from the leased property. 4. On the other hand, Sri Chakradhari Sharan Singh learned counsel appearing on behalf of the Swarn Jayanti Library Committee has submitted with reference to the lease documents. 4. On the other hand, Sri Chakradhari Sharan Singh learned counsel appearing on behalf of the Swarn Jayanti Library Committee has submitted with reference to the lease documents. Annexures 5 & 5A that in terms of Clause-15 of the lease document the lessee can be evicted for violating the terms of the lease by resorting to the proceedings as per the provisions contained in Bihar Government Premises (Rent, Recovery & Eviction) Act, 1956. The petitioners shall be evicted under Clause 15 of the lease agreement for violating the terms of the lease by resorting to a proceeding under the aforesaid Act, and the apprehension of the petitioner that the authorities shall take forcible possession without resorting to a proceeding under the said Act is wholly misplaced. Before the authorities proceed to take action for eviction of the petitioners in terms of the aforesaid Act, petitioners are at liberty to file a representation before the Chairman of the Swam Jayanti Library Committee to reconsider the order contained in Annexures 9 & 9A on the ground that they are not a defaulter as also they have not violated any of the terms of the lease and if the District Magistrate, Begusarai cum Chairman, Swam Jayanti Library, Begusarai (respondent no. 2) is satisfied that the petitioners have not violated the terms of the lease document then he may consider the representation of the petitioners and pass appropriate order recalling Annexures 9 & 9A.