PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:
Heard the parties.
2. The petitioner in the present writ application seeks the following main relief:
"(i)To quash the order dated 18 May 2004, as contained in Letter No. 603(6)/Revision (Annexure 13), along with the subsequent Memo No. 2273/Rev., Patna dated 14 September 2004 (Annexure 13-1), on the grounds that there has been no breach of the terms of the lease deed dated 19 June 1966. (ii) Consequent to the relief sought for in prayer (i), to direct the concerned authorities, including the District Collector, to consider the petitioners' case-being the recognized successors-in-interest of the original lessee/society-for renewal of the lease in accordance with the rights conferred under Clause 15 of the original lease deed, and to grant such renewal strictly in accordance with law. (iii) To grant any other relief or pass such further orders as may be deemed just, fit, and proper in the facts and circumstances of the petitioner's case."
3. The present writ petition has been instituted by a group of flat allottees and members of the Midway Apartment Cooperative Housing Society Limited, Patna, seeking to assail the legality and validity of the purported cancellation of a lease dated 19.06.1966 in respect of Khas Mahal land bearing Plot No. 4, Circle No. 6, Tauzi Nos. 862/863, Holding No. 56, measuring 0.234 acres, situated near Dakbungalow Road, Patna. The petitioners further seek issuance of appropriate directions for considering the petitioners' case for renewal of the lease and protection of their right to peaceful possession and enjoyment of their residential flats, constructed pursuant to express governmental permission.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTE5MjkjMjAxNiMxI04=-KoVxcG--ak1--XMpo=
Disclaimer: Curated by HT Syndication.
