IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17213 of 2011 Bijay Kumar Bijay S/O Late Hanuman Prasad R/O Fort Area Munger, P.S.-Kotwali, Distt.-Munger Versus 1. The State Of Bihar through the Chief Secretary, Govt. Of Bihar, Patna 2. District Magistrate, Munger 3. Khas Mahal Officer Munger 4. Sub Divisional Officer, Sadar Munger Distt.-Munger ---------------------------------- 02/ 04.11.2011 The petitioner has prayed for quashing the notice dated 8.9.2011 issued by S.D.O., Sadar Munger directing him to remove the encroachment by 24.9.2011 over the part of Khas Mahal land on Tauzi No. 1333 bearing Khesra No. 14, failing which he would be forcibly evicted. The petitioner also prays for quashing the Memo No. 370 dated 4.8.2011 issued by Khas Mahal Officer, Munger informing him that he is living on the land leased to Sah Md. Zakuria. The petitioner states that the land in question is the khas mahal land which was leased to one Shah Mohammad Zakariya. The petitioner took the said premises for residential purposes on rent from Sah Md. Zakuria in the year, 1995 and since then he has been living in it. The petitioner states that the impugned notice issued by the Khas Mahal Officer, Munger is in the teeth of Government circular dated 1st September, 1973 for disposal of khas mahal land contained in Annexure-5. The petitioner states that the circular has also considered this situation where lessees have transferred their land without 2 approval of the Collector or the authority concerned in violation of the conditions of the lease. Learned counsel submits that sub- clause-c of Clause 4 provides the answer to such issues, which is quoted herein below:- “Cases where the original lessees have transferred their interest to transferee either before, or after the expiry of the lease period, and the transferee is continuing on the leasehold property without payment of rent and renewal, he too is a trespasser and is entitled to no consideration under the past lease. He is also to be noticed to notify his intention to take fresh lease by fixed date, on the terms and conditions specified for lessees of category 4(ii) (a) together with other liabilities if any incurred by the original lessees because the transferee have taken the lease from original lessees in violation of the terms of the lease with all encumbrances thereon. The transferees at the time of taking fresh lease from Government will not claim any refund from the Government of the amount they have paid as consideration for taking the leasehold property from the original lessee.” Counsel for the State submits that in all probability 3 the petitioner has been evicted from the premises. It appears that the original lessee namely, Sah Md. Zakuria first rented the premises to the petitioner in the year, 1995 and thereafter he transferred the premises in his favour, though without the approval of the Collector of the district in violation of terms and conditions of the lease. Nonetheless, the circular provides remedy to the transferee, which has been quoted above. The petitioner has already filed a representation before the Collector, Munger in the year, 2005. In case the petitioner files fresh representation annexing the copy of the earlier representation, the same would be considered in accordance with law by the learned Collector. With the aforesaid observation, this application is disposed of. DKS/ (Samarendra Pratap Singh, J.)