Government lease rent

Querist : Anonymous (Querist) 23 October 2022 This query is : Resolved
50 years Collector lease expired on 2-7-1999
On request of Lessee Collector raised Demand of Lease Rent for the period ending 2-7-2017
Lessee made payment of same on 28-11-2016 and intimated Collector
Collector issue notice to Lessee for renewal of expired lease on 21-4-2017 and Lessee applied for renewal on 1-8-2017.
Without hearing /considering Application dated 1-8-2017 in response to intimation dated 21-4-2017 and payment intimation dated 28-11-2016 Collector issued Show Cause Notice on 28-12-2018 with penalty from 1-1-2012
In view query is whether Collector issue Show Cause Notice without considering/hearing application for renewal made on 1-8-2017 and/or Payment made as per demand on 28-11-2016 period ending 2-7-2017

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This discussion concerns a 50-year government lease that expired in 1999. The Collector later demanded lease rent for the period up to 2017, which was paid in 2016. The Lessee applied for renewal in 2017 after receiving an intimation from the Collector. However, a show cause notice with a penalty was issued in 2018 without apparently considering the renewal application or the prior payment. The query questions the legality of issuing the notice under these circumstances and discusses potential legal recourse for the Lessee.

T. Kalaiselvan, Advocate (Expert) 23 October 2022
The show cause notice is reported to have been issued on 28.12.2018.
It appears that a lapse of almost 4 years have happened from the date of notice till this date and there is no information about what action has been initiated by you so far.
If you had issued a reply notice denying the allegations and mentioning the incidents of payments made earlier by attaching the documentary evidences to substantiate your assertion and despite having cleared your stand, if the collector has proceeded with the legal action, nothing prevented you from approaching civil court with a suit for injunction or high court with a writ petition, but it is not known what action you had initiated so far in this regard.
You may revert with details for more clear opinions that may be rendered by many experts in this regard in furtherance

kavksatyanarayana (Expert) 23 October 2022
After the expiry of the lease period of 50 years as of 02.07.1999. On the Collector side, it might have been an administrative delay but why did the lessee keep silent till the year 2017? From 03.07.1999 to 21.04.2017 the further period of the lease, executed? Is the lease deed registered? Are there any terms and conditions in the lease deed? Is there any clause for an extension of the lease period?

N.K.Assumi (Expert) 27 October 2022
Doctrine of legitimate expectation requires the Collector to give a hearing to the Lessee.

Dr J C Vashista (Expert) 27 October 2022
The facts posted are not clear.

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