NARAYAN SINGH RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE the controversy involved in all these 60 writ petitions are similar and the orders under challenge in all these writ petitions are the same, therefore, for the sake of convenience all these writ petitions are being disposed of finally by this common order at the admission stage by the consent of the parties. Since the Writ Petition 2006 of 2007 (MS) is already admitted, the same is being decided on merits along with other 59 writ petitions.

(2.) THE background fact in nutshell giving rise to the present writ petitions is that the Deputy Commissioner (now Zila Adhikari) Garhwal granted a lease of Nazul land in favour of Geeta Bhawan on 11 -8 -1950, which was granted for a period of forty years and consequently, a lease deed pertaining to 23 Nali land of old plot No. 1 (new Plot No. 63) situated in village Jaunk, Tok Swargashram, Patti Talla Udaipur,, District Pauri Garhwal was executed by the then Deputy Commissioner, Pauri Garhwal, in favour of Geeta Bhawan, Swargashram on 6 -10 -1950, which was duly registered in the office of Sub Registrar, Lansdowne (Garhwal). The period of the said lease was to expire on 5 -10 -1990. It appears that Sub Divisional Officer Kotdwar made a report to the District Magistrate that Bharat Sadhu Samaj had taken forcible possession over 18,12/16 Nali of the lease land granted in favour of Geeta Bhawan. It was found that about 40 - 45 shop keepers are in occupation of the shops constructed over the said land and Bharat Sadhu Samaj was collecting rent from the tenants. Accordingly, notice was issued by the District Magistrate, Garhwal to the Manager, Geeta Bhawan to show cause why the lease granted in its favour be not cancelled for violation of terms and conditions of the lease. It also emerges out from the record that the Deputy Commissioner/Zila Adhikari Garhwal, by his order dated 21 -9 -1988 passed in Case No. 13 of 1986 -87 had cancelled the lease deed granted in favour of Geeta Bhawan as the lessee had violated the terms and conditions of the lease. It was also observed that since the lessee Geeta Bhawan had constructed pucca building/Ghat in an area of 2,8/16 Nali only, hence the lease to that effect may be granted in its favour on application for the same having been made.

(3.) IN support of its case, the State has examined Sri Anil Negi, the Patwari concerned of the area, who proved the challani report filed by him before the Prescribed Authority.