RANI GULATI Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this petition, petitioners have prayed for a writ in the nature of certiorari quashing the impugned order dated 4.4.2011 (Annexure No. 15) passed by respondent no. 2 District Magistrate/Collector, Allahabad whereby the application of the petitioners/tenants for grant of freehold rights over the Nazul land in dispute has been dismissed. The petitioners also seek a writ, order or direction in the nature of mandamus commanding the respondents not to grant freehold rights in favour of respondent no. 4 over the property in dispute vide their freehold Application No. 2387/1998-99.

(2.) The brief facts necessary for adjudication of the present dispute are that the Nazul Plot No. 1, 6-Kanpur Road (P.D.Tandan Road), Mauza Beli, Mustakharja, Allahabad (having area 2 acres 4423 square yards) was originally leased out to Sri N. K. Mukherjee by the State Government for a period of 30 years w.e.f. 1.10.1921 vide lease deed dated 27.10.1921. This original lease deed was renewable for two additional periods of thirty years each (Total 90 years) as per terms and conditions of the lease deed. Late N. K. Mukherjee transferred his leasehold rights in respect of the said land/bungalow (area about 2 acres 2979 square yards) to Sri Radhey Shyam Srivastava (father of respondent no. 4), during subsistence of lease, vide registered sale deed dated 23.2.1948. Subsequently, lease was renewed in favour of father of respondent no. 4 namely Sri Radhey Shyam Srivastava for a further period of thirty years w.e.f 01.10.1951.

(3.) It is stated that husband of petitioner no. 1 and father of petitioner no. 2 was tenant of the aforesaid bungalow including the appurtenant land (area 2 acres 2979 square yards) since 1948. He died on 6.11.2003 and the petitioners have inherited the tenancy rights.