IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13711 of 2006 RADHEY SHYAM SINGH Versus THE STATE OF BIHAR & ORS -------- For the petitioner : Arun Kumar – 1 Advocate For the State : Girijesh Kumar, Advocate For the Intervener Respondent : Abbas Haidar, Advocate For Respondent No. 8 : Dilip Kumar Roy, Advocate ----------- 5 01.07.2008 Heard learned counsel for the parties. The lease agreement, in question, has been terminated, which in any case is coming to an end very soon. The termination effected by the concerned authority is with regard to a public land, on which construction of a hospital is going on. Petitioner’s contention is that in no case the lease could be terminated before time and the termination of the lease is going to have a serious consequence for him. The High Court has been indulgent enough towards the petitioner and he is enjoying stay order since the year 2006. It is high time the Court should also take into consideration the larger good of the people of that locality and decide whether construction of a sub-divisional hospital is more important or keeping a banana plantation of the petitioner alive is the need of the hour? In the totality of the facts and situation and weighing the public good, the stay order passed by this Court on 03.01.2007 is hereby vacated. The writ application is dismissed. If, the petitioner feels that the breach of the lease condition entitles him to certain compensation under the common law, he may approach civil court below. Rajeev/ (Ajay Kumar Tripathi, J.)