HC annuls govt order cancelling Khas Mahal Lease of city apartment
The high court has also quashed the state govt direction of Sept 14, 2004, which directed the Patna district magistrate to resume the entire building as govt property.
A single bench of Justice Alok Kumar Sinha, while hearing a writ petition of one Robert Lakra and 28 other residents of the apartment, delivered this judgment on July 11, a copy of which was uploaded on the HC website on Tuesday.
Senior counsel Chitranjan Sinha and advocate Jitendra Kishore Verma, while representing the petitioners, argued that the cancellation of the lease was arbitrary and whimsical as no condition stipulated in the deed was violated. The state govt gave prior permission to the leaseholder for re-allotment of the land as far back as in 1989. Later, the govt revoked the permission without giving any prior notice to the leaseholder or subsequent allottees.
Justice Sinha held that the state govt's order is arbitrary, illegal and in violation of the fundamental rights of the apartment dwellers.
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