MARKANDEY CHAND Vs. DISTRICT MAGISTRATE GORAKHPUR

JUDGEMENT

(1.) In the instant writ petition filed under Art. 226 of the Constitution of India, the petitioner has prayed for quashing the impugned citation, Annexure 1 whereby he has been asked to pay a sum of Rs. 2,87,67,021.00 to the State.

(2.) Shortly stated, the petitioners case is that plot No. 103 measuring approximately 66795 Sq. ft. situated in Civil Lines, district Gorakhpur was Nazul land and over the said plot there exists a bunglow bearing No. 7. A lease in respect of the said plot was created by the State Government in favour of late Madan Lal Tekriwal on 1-11-1954 with retrospective effect from 1-5-1945 for a period of 30 years with right of renewal for further period of two terms of 30 years each with a rider that Government may refuse to renew the lease in case of violation of the terms and conditions hereof. One J.R. Tamta was residing as tenant in a portion of the aforesaid plot covering an area of 43.000 Sq. ft. After he vacated the tenanted premises, the bunglow and the land appurtenant to it was allotted to the petitioner under U.P. Act 13 of 1972 and was put in possession. Certain litigations were started both by the petitioner as well as heirs and legal presentatives of the original lessee. Allotment made in favour of the petitioner was cancelled, challenging which he filed writ petition No. 11110 of 1984 and ultimately, it was allowed. Review application filed by the landlord was also dismissed. They moved special leave petition before the Supreme Court and the same also dismissed.

(3.) The petitioner applied for conversion of the land in his possession into free-hold land. His prayer was accepted by the District Magistrate, Gorakhpur and he was asked to pay a sum of Rs. 44,03,200.00 towards conversion charges. He deposited the amount as demanded whetherafter the District Magistrate executed the sale deed. When the matter stood thus, citation Annexure 1 was served asking him for payment of the aforesaid amount towards value of the land and additional stamp duty. It is urged that before issuance of the said citation neither any notice was served upon him by the State Government or the District Magistrate or any proceeding was initiated to determine the value of the land in question. The citation was issued without there being any basis and no communication whatsoever was made prior to asking the petitioner to make payment of such huge amount.