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Judgment
Learned counsel for the petitioner prays for and is permitted to make factual correction in paragraph No. 7 of the writ petition in course of the day.
The present writ petition has been filed for issuance of direction upon the respondent No.3-Deputy Commissioner, Palamau to renew the lease of the petitioner’s Khas Mahal land appertaining to Plot No. 1226, Holding No. 597, measuring an area of 19 decimals situated at Nawatoli, Medininagar, District-Palamau [hereinafter referred to as ‘the said land’] and to order for mutation of the said land in his name.
Learned counsel for the petitioner submits that the lease for the said land was sanctioned earlier for a period of 30 years i.e., 29.07.1944 to 29.07.1974 in the name of original lease holder, namely, Mahesh Prasad for residential purpose. The petitioner applied in the year 2018 for renewal of lease of the said land for a further period of two blocks of 30 years i.e., 29.07.1974 to 29.07.2004 and 29.07.2004 to 29.07.2034. Upon receipt of the application, the respondent No. 5 recommended vide order dated 29.08.2018 for renewal of the lease of the said land and sent the records to the respondent No. 3 through the respondent No. 4.
Learned counsel for the petitioner further submits that the respondent No. 4 returned the records to the respondent No. 5 for calculating due rent and cess. The respondent No. 5 vide order dated 06.02.2019 determined the due rent along with cess as well as the amount of Salami for renewal of the lease for a period of two blocks of 30 years and again sent the records to the respondent No. 3 through the respondent No. 4 making recommendation for lease renewal of the said land.
Learned counsel for the petitioner also submits that the rent and Salami for renewal of lease of the said land was ordered to be reviewed and thereafter the Revenue Sub-Inspector, District Amin & In-charge District Kanungo of Khas Mahal Medininagar jointly recalculated the total due amount of lease rent along with cess as well as the Salami for renewal of lease of the said land with respect to the required period of two blocks of 30 years and once again sent the record to the respondent No. 5 vide letter dated 20.10.2022.
It is further submitted that the respondent No. 5 recommended to renew the lease of the said land for the required period upon depositing the re-calculated amount of Rs.22,39,560/- in the government treasury and sent the record to the respondent No. 4.
Learned counsel for the petitioner also submits that the respondent No. 4, vide order dated 04.11.2022, recommended for lease renewal-cum-mutation of the said land for the required period of two blocks of 30 years i.e., from 29.07.1974 to 29.07.2004 and 29.07.2004 to 29.07.2034 upon depositing the amount of Rs.22,39,560/-and annual rent of Rs.30,305/- in the government treasury and sent the record to the respondent No. 3 for acceptance. The petitioner represented the respondent authorities requesting them to take decision in this regard, however, no such decision was communicated to him. Hence, the present writ petition.
Mr. Vineet Prakash, learned A.C. to S.C.-IV, submits that since no counter affidavit has been filed in the present case, he is not in a position to state about the latest stage of the Khas Mahal Renewal Lease application made by the petitioner.
Having heard learned counsel for the parties and considering the nature of prayer made by the petitioner in the present writ petition, without entering into the merits of the case, the respondent no.3-Deputy Commissioner, Palamau is directed to take up the matter relating to Khas Mahal Renewal Lease application of the petitioner for the land in question (unless already disposed of) and take appropriate decision/step in accordance with law within eight weeks from the date of receipt/production of a copy of this order.
The writ petition is, accordingly, disposed of with the aforesaid direction.