respondent no. 4- Deputy Commissioner, Hazaribag stating that an area of 8 decimal from the land in question comprised in Plot No. 47, Holding No. 163 was purported to have been transferred to Damodar Valley Corporation, Hazaribag by the order of the State Government. The lease was executed on 04.06.1948 in favour of Md. Azizul Haque for 30 years commencing from 01.04.1948. The petitioner purportedly submitted application for renewal of lease showing his present address at 5, Mustak Ahmed Street, Calcutta-16. It was manifest that the petitioner at the time of making application for renewal was not in use and occupation of any portion of the premises in question. On enquiry, it was found that the petitioner has abandoned the premises. The structures thereon were in most dilapidated condition and the petitioner was not serious nor diligent in prosecuting application for renewal. In terms of Government letter dated 04.09.1981 which provides that in case, the lease-hold property is left vacant and uncared or unused and undeveloped, renewal of lease cannot be granted. The lease in the present case, which was to expire on 31.03.1978 cannot be renewed. No rent was paid by the lessee since 1971-72 and in these facts, the respondent no. 4-Deputy Commissioner, Hazaribag recommended for resumption of leasehold property and vide order dated 22.03.1986, the Commissioner, North Chhotanagpur Division ordered resumption of the lease-hold property. Against the order of resumption, Jahirul Haque and others moved Calcutta High Court vide Case No. 7307 of 1988 in which the Government of Bihar filed counteraffidavit. The said case has been dismissed on the ground of lack of territorial jurisdiction. 17 years thereafter, one Prabhat Kumar Sinha claiming himself to be the power of attorney holder, filed Writ Petition being W.P.(C) No. 5434 of 2002 which was dismissed vide order dated 07.08.2003. Thereafter, Masudul Haque, son of the original lessee also filed the Writ Petition being W.P.(C)
