LAWS(ALL)-2011-1-83

RAMA SHANKAR TRIVEDI Vs. COMMISSIONER JHANSI DIVISION

Decided On January 17, 2011
RAMA SHANKAR TRIVEDI Appellant
V/S
COMMISSIONER JHANSI DIVISION Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER was granted patta/ lease to take out moram for the period from 22.8.1992 to 30.9.1992. A formal lease deed was to be executed, copy of which is Annexure-I to the writ petition. However, due to change in policy of the Government, petitioner was not permitted to take out the moram. It is for this reason that Annexure-I, the proposed lease deed was signed only by the petitioner and not by any Government officer (D.M. etc.). This fact has not been denied by the State in the counter-affidavit. The amount of Rs. 2,18,000/- and odd, which had been deposited by the petitioner as lease money was returned to the petitioner under order of this Court passed in another writ petition filed by the petitioner being Writ Petition No. NIL of 1992, decided on 9.9.1992. Copy of the said order is Annexure-V to this writ petition.

(3.) ACCORDINGLY, writ petition is allowed. Both the impugned orders are set aside.