Mantu Kumar and Another vs Bihar State Road Transport Corporation and Others

In the properties of the then Bihar State Road Transport Corporation (now under the direct control of Transport Department of the Government of Jharkhand), 21 persons have been given space for canteen/stalls/plots on contract basis for one year at Main Bus Stand, Ranchi starting from the year 1974 to 2002 and according to the Transport Department of the State of Jharkhand, they became unauthorized occupants and they have been given notices for eviction. The Appellant was one of such occupants whose writ petition has been dismissed by this Court which was filed seeking order of restrain against the Respondents from evicting the writ Petitioner-appellant.

The Appellant submitted that all other persons who have not paid even the rent to the Respondents, they are by implication allowed not only to occupy those canteen/stall/plots but even who vacated and gave possession to strangers, they are being allowed to occupy canteen/stall/plot.

Upon direction of this Court as given vide order dated 16.08.2011, the Respondents submitted the complete chart and it has been admitted by the Respondents that number of persons have vacated and put the unauthorized persons in occupation of the canteen/stall/plots and leaving the arrears, running in lacs and up to Rs. 15 lacs on one individual.

Learned Counsel for the Respondents submitted that all those persons were given several letters to vacate the canteen, stall or plots as the case may be, but they have not vacated. It is submitted that the State Administration is not giving cooperation to the Respondent-Department. It is also stated that present Divisional Manager has been posted a few months ago only.

Though it was a private interest litigation, but we found that public interest is involved in this petition in as much as, that the Respondents'' own case is that they failed to evict the unauthorized occupants who were given the canteen/stall/plot of land for a short period of one year on rent and continuing to occupy the said premises ever after more that three decades without authority of law and have not paid rent of meagre amount which may have been fixed decades ago and which has accumulated upto Rs. 15 lacs on one individual and more than Rs. 10 lacs on three individuals.

In view of the above reasons, we would like to know from the Respondents that who was responsible to manage the properties of the Transport Department of the State Government and was responsible to recover the rent from these occupants as well as who was competent to take action for getting the possession from these unauthorized occupants, which may be disclosed on affidavit by the Respondent-Department.

The Respondent-Department may also disclose whether any action has been taken against those persons who failed to discharge their duties in protecting the properties of the Transport Department of the Government of Jharkhand and were responsible for recovery of revenue referred above.

The Respondents may file the affidavit by 21st of September, 2011.

It is made clear that all the assets of the Bihar State Road Transport Corporation situated in the State of Jharkhand, including this premises, have vested in the State of Jharkhand therefore, there is no need to issue notice to the Bihar State Road Transport Corporation.

Put up this case on 21st of September, 2011.