RAVINDRA PRATAP YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for a mandamus directing the respondent Nos. 1 to 4 to grant to the petitioner lease of plot No. 22AA Civil Station, Allahabad whereupon the out house and land appurtenant on 23 Stanley Road, Allahabad is situated. The petitioner has also prayed that a mandamus be issued to the respondents not to interfere with the petitioner's possession over the portion of house No. 23 Stanley Road and appurtenant land which is in the petitioner's possession. The petitioner has also prayed for a mandamus directing the respondent Nos. 5, 6 and 7 to desist from registering any deed about transfer or alienation of house No. 23 Stanley Road, Allahabad or its appurtenant land and to declare as inoperative and void the order of the District Magistrate, Allahabad dated 16.6.2000, Annexure 8 to the writ petition by which nazul land of the aforesaid plot was converted into freehold.

(2.) Heard learned counsel for the parties.

(3.) The land in Civil Lines, Allahabad was let out on leases for residential purposes during British rule. It is alleged in paragraph 3 of the writ petition that when the period of the leases expired a popular demand was made to the State Government for evolving a policy providing for accommodation and possessory rights and title to the persons living in the houses in Civil Lines, Allahabad. Consequently the State Government issued orders from time to time including order dated 1.12.1998 and 23.5.2000 vide Annexures-1 and 2 to the writ petition. It is alleged in paragraph 4 of the writ petition that the State Government had issued G.O. dated 29.8.1996 that if an agreement to sell has been made by the lessee of the nazul land and possession over the land has not been transferred to the proposed vendee, the proceedings for converting the nazul land into free hold would be made in favour the person in whose favour of the agreement to sell has been executed. The G.O. further provided that for taking final decision in the matter a proposal was to be sent to the State Government for approval. True copy of the G.O. dated 29.8.1996 is Annexure-3 to the writ petition. In continuation of the aforesaid G.O. the State Government issued a notification dated 1.12.1998 providing that the tenants living in the houses constructed upon the nazul land as well as those persons who are in unauthorised occupation since before 1.1.1992 can apply to get the land converted into freehold vide Annexure-1 to the writ petition. Thereafter the State Government issued notification dated 13.5.2000 directing the Commissioner and District Magistrate to provide details as to how many tenants governed by the Rent Control Act are entitled to get freehold converted in their names vide Annexure-2 to the writ petition, Nazul land bearing plot No. 22AA, Civil Station, Allahabad was originally granted on 23.5.1934 for 50 years in favour of Lt. Albert Alexander Rellington White and Mr. and Mrs. Compbell White. On this land the house bearing No. 23 Stanley Road, Allahabad was constructed. This was subsequently sold on 1.12.1936 to Smt. Chandra Kala Devi (the mother of Sri R.K. Bahadur). Smt. Chandra Kala Devi died in 1986 leaving behind two sons and three daughters including R. K. Bahadur who claims to be the holder of general power of attorney of all his brother and sisters. Photocopy of the lease deed dated 23.5.1934 is Annexure-4 to the writ petition.