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2012 DIGILAW 314 (PAT)

Harijan Vikash Kendra v. State of Bihar

2012-02-23

V.N.SINHA

body2012
ORDER Heard petitioner in person and the counsel for the State. 2. Petitioner is the President of Harijan Vikas Kendra a Registered Society under the Society Registration Act, 1860 vide registration certificate dated 22.04.1988(hereinafter referred to as the Society). This writ petition has been filed praying inter alia to direct the State Respondents to comply the instructions of the State Government contained in letter no.2282 dated 26.10.1989, Annexure-1 whereunder Collector Patna was directed to provide two rooms to the petitioner Society in the premises of the Sant Ravidas Ashram (hereinafter referred to as the Ashram) under mutual arrangement so as to relieve the petitioner of its problems as both the Ashram and petitioner Society were engaged in connection with development of the Harijans. In the light of the instructions of the Government contained in letter dated 26.10.1989 Collector Patna requested the Secretary of Ashram under letter no.833 dated 5.3.1990, Annexure-2 to provide two rooms to the petitioner Society. Such request of the Collector, Patna was not considered by the authorities of Ashram and petitioner had to file this writ petition which was earlier disposed of under order dated 1.6.2010 directing the Collector Patna to ensure compliance of his own order issued in compliance of the Government order dated 26.10.1989. Collector, Patna could not ensure compliance of the order dated 1.6.2010 and filed Civil Review No.308 of 2011, which was taken up for admission on 15.11.2011 when this Court with consent of the writ petitioner recalled the order dated 1.6.2010 and restored the writ petition to its original file and number so as to enable the Collector to again make endeavour for ensuring compliance of the instruction of the State Government contained in letter no.2282 dated 26.10.1989, Annexure-1 and the corresponding instruction of the Collector, Patna dated 5.3.1990, Annexure-2. In view of the submission of the writ petitioner that authorities of the Ashram are violating the terms of the lease executed in their favour by the Collector Patna and not accommodating the petitioner in the light of the instructions of the Government dated 26.10.1989, Collector Patna issued notice to the authorities of the Ashram under Memo No.3385 dated 30.11.2011, in response whereto authorities of the Ashram submitted reply dated 13.12.2011, in which they referred to the proceedings pending before the civil court for removal of unauthorized occupants of the shops which was let out by the then Secretary of the Ashram, late Ram Krishna. In appreciation of the cause shown Collector, Patna passed order bearing Memo No.3681 dated 19.12.2011 extending offer to the authorities of the Ashram to take steps for conversion of the purpose of lease from social, educational to commercial by depositing the amount as per New Khas Mahal Policy, 2011. Such notice was placed before this Court and having perused the contents of the notice this Court observed that as the lease was granted in favour of the Ashram for public purpose i.e. for social, economical and educational welfare of the Schedule Castes the lessor could not have offered for change of user of lease hold land from public purpose to commercial purpose which has private orientation. Even otherwise conversion of the lease granted for public purpose i.e. Social, Economic, Educational betterment of Harijans can not be allowed to be converted into commercial lease. Had the lease been granted for private purpose i.e. for residence, it could have been allowed to be converted into a lease for commercial purpose by taking the deposit as per Chapter-IV of the New Khas Mahal Policy. The lease having been granted in the year 1957 for social, economical and educational betterment of the Harijans and renewed from time to time for such purpose, in my opinion, could not have been allowed to be converted into commercial lease on deposit of the amount as per New Khas Mahal Policy. 3. The authorities of the Ashram did not, however, choose to deposit the amount for conversion of the lease and Collector Patna passed order dated 22.01.2012 cancelling the lease, which is placed on record as Annexure-B to the reply filed on behalf of the respondent State. 3. The authorities of the Ashram did not, however, choose to deposit the amount for conversion of the lease and Collector Patna passed order dated 22.01.2012 cancelling the lease, which is placed on record as Annexure-B to the reply filed on behalf of the respondent State. Cancellation order proceeds on the basis that the lessee has not chosen to deposit the amount for conversion of the nature of lease granted. 4. The lease in favour of the Ashram having already been cancelled, there is no difficulty for the Collector, Patna now to comply with the instructions of the Government contained in letter dated 26.10.1989. Accordingly, Collector, Patna is directed to allot required space to the petitioner in the area earlier allotted to the Ashram as early as possible, in any case within two months from the date of receipt production of a copy of this order before the Collector, Patna. 5. All petitions are, accordingly, disposed of. ?