IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.W.J.C. No.3564 of 1998 (R)
Mustaque Ahmad Siddiqui Petitioner
Vrs.
The State of Bihar & Others Respondents
CORAM : HON'BLE MR. JUSTICE AJIT KUMAR SINHA
For the petitioner : Mr. M.K. Habib, Advocte
For the respondents : Mr. G.P.-2
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07/26.05.2009
In the instant writ petition the petitioner prays for issuance of
an appropriate writ, order or direction in the nature of mandamus or any
other writ calling upon the respondents to show cause and to certify as to
why and under what circumstances the Khas Mahal lease of the petitioner
has not been renewed. The petitioner further prays for issuance of any
other appropriate writ, order or direction upon the respondents to renew
the Khas Mahal lease and for quashing the notice as contained in Memo
No.819 dated 15.9.98 by which the respondent have asked the petitioner to
deposit Rs.16,20,000/- for renewal of the Khas Mahal lease.
The main contention raised by the learned counsel for the petitioner
is that the Salami as charged and computed was highly arbitrary, inflated
and against the provisions of law. He has further submitted that he has
filed a detail memo explaining the facts and circumstances of the case for
kind consideration to the Khas Mahal Officer, Daltongang, Palamau in reply
to the memo No.819 dated 15.9.98 which is the impugned order under
challenge herein. This memo was filed as show cause on 12.10.1998 which
according to him has not been disposed of till date.
I have considered the provisions as referred to and in particular Rule-
9 (iv) read with (v) of Bihar Government Estates (Khas Mahal) Manual
which provides for Salami in Government Estates and the situations where
Salami ordinarily was not required to be paid. Be that as it may, the
provisions of Rule-17 of Bihar Government Estates (Khas Mahal) Manual
refers to the reasonable right provided for renewal and extent to which the
renewal can be made. It appears that nothing was considered by the
respondent authorities. More so, when there was office memorandum and
guidelines laid down and issued by the Additional Secretary of the
Government to all the Divisional Commissioners vide its communication
dated 1st September, 1969 with regard to renewal of khas mahal lease.
Considering the aforesaid facts and circumstances of the case, it will
be in the fitness of thing and in interest of justice that Khas Mahal Officer,
Daltonganj, Palamau considers show cause already filed for renewal in the
light of the observations made herein above and dispose it of within three
2.
months by a speaking order considering their own office order and
guidelines as well as the rules referred to hereinabove. The petitioner is
also at liberty to file a fresh representation if so advised.
This writ petition is accordingly allowed with the aforesaid direction.
(Ajit Kumar Sinha,J.)
NKC