CITY MONTESSORI SCHOOL Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) These appeals take an exception to the same judgment of a Division Bench of Allahabad High Court. The dispute is essentially between the City Montessori School (for short, 'the school') and one Shri M.M. Batra regarding plot no.90-A/A754, measuring 2238.5 sq. ft. situated at Maha Nagar, Lucknow (for short, 'the plot'). It is not in dispute that the plot vests in the State Government. By a lease dtd. 4/1/1961, the Hon'ble Governor of Uttar Pradesh, through Nazul Officer, Lucknow, granted the lease of the plot to one Gursharan Lal Srivastava which was described as a 'garden lease' A separate lease was granted on the same day in respect of the building on the plot. By a registered sale deed dtd. 26/6/1962, Gursharan Lal Srivastava sold his leasehold interest in the plot to Shri M.M. Batra (the alleged lessee). Rajat Batra and Raman Batra are the sons of the alleged lessee. It appears that the plot is a Nazul property. Several Government Orders (G.Os.) have been issued, either providing for the conversion of leasehold lands into freehold or auction thereof.

(3.) The alleged lessee filed a Civil Suit in the year 1994 in the Civil Court. The suit was filed to protect possession. Later on, by amendment, he sought the benefit of G.O. of 17/2/1996 and 1/12/1998, which permitted the conversion of Nazul properties given on lease into freehold properties. On 13/3/1995, an auction notice was published for the auction of various Nazul lands, including the plot. The school and the sons of the alleged lessee submitted their bids. The school was found to be the highest bidder and therefore, the bid offered by the school was accepted. As provided in the auction notice/tender notice, the tender document had to be purchased by 23/3/1995 since 24/3/1995 was a holiday, and the auction was fixed for 25/3/1995. It was alleged that the school purchased the tender document on 25/3/1995. The acceptance of the school's bid was cancelled. However, the authorities again called upon the school to deposit the bid amount. Ultimately, on 20/6/1996, the State Government cancelled the bid offered by the school on the ground of the failure to purchase the tender form within the outer limit provided in the tender notice. While cancelling the school's bid, the State Government decided to accept the bid offered by the sons of the alleged lessee.