AMIT KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed against the impugned order dated 19.1.2001, Annexure-10 to the writ petition and the order dated 27.7.2001, Annexure-11 to the writ petition. The petitioner has prayed that respondent No. 3 the District Magistrate, Varanasi be directed not to evict the petitioner from the property in dispute.

(2.) It is alleged in Paragraph 3 of the petition that the petitioner's father was the lessee of Property No. S-17/317-B, Nadesar, Varanasi. In respect of which the Municipal Board, Varanasi executed a lease deed on 17.7.1957, vide Annexure-1 to the writ petition. This lease was granted in favour of the petitioner's father for a period of 30 years and hence it was to expire on 29th March, 1987. The petitioner's father gave an application to the Administrator Nagar Mahapalika, Varanasi (Now Nagar Nigam) on 24.3.87, vide Annexure-2 to the writ petition praying for extension of the lease period for a period of 99 years. However, it is alleged that no action was taken on this application.

(3.) By Notification dated 23.5.1992, issued by the State Government vide Annexure-3 to the writ petition, the Nazul Policy of the State Government was declared. A perusal of the aforesaid Policy shows that it was decided by the State Government that the leases which had expired shall not be renewed, but it is open to the lessee for conversion of lease hold rights to free hold right. In pursuance of this Policy a communication dated 18.8.1997 was sent by the Varanasi Development Authority (VDA) vide Annexure-4 to the petitioner by a Government Order dated 3.10.94, the various rates of conversion of lease hold right to free hold right was specified.