Patna Court September 1971 Judgments

Kalyani Banerjee and ors. Vs. the State of Bihar and ors.

Court: Patna

Reported in: AIR1972Pat446

U. N. Sinha, C.J.1. This application under Article 226 of the Constitution of India has been filed by three petitioners, praying that two leases granted by the State of Bihar, respondent No. 1, to Messrs. Bharat Marble Company, a partnership firm, and Messrs. Hindustan Steel Limited, respondents Nos. 4 and 5 respectively, be quashed and cancelled. Copies of the leases have been given as Annexures 6 and 7, dated the 12th May, 1967 and the 17th October, 1966 respectively. The further prayer is that the said respondents be enjoined to desist from interfering with the possession of the petitioners with respect to certain properties comprised within a lease, dated the 11th July, 1919, a copy of which has been given as Annexure 1. It has also been prayed, that, if necessary, the petitioners be restored into possession of each and several portion of the property mentioned in the said leases. A counter-affidavit has been filed on behalf of the State of Bihar, respondent No. 1, and a counter-af...