RENU Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri U.N. Sharma, Senior Advocate assisted by Sri S.P. Giri, for the petitioner, Standing Counsel, for State of U.P. and Sri Ishan Shishu, Standing Counsel, for Union of India, Sri Prakash Padia, Standing Counsel for Indian Oil Corporation. As there is no factual controversy as such the counsels appearing for the respondents do not propose to file Counter Affidavit. With the consent of the parties, the writ petition is decided finally.

(2.) THIS writ petition has been filed for quashing the orders of Additional Collector dated 17.10.2013, declaring the lease deed dated 28.01.2011 as void and vesting the land in dispute in State of U.P. and Board of Revenue U.P. dated 13.02.2014, dismissing revision of the petitioner from the aforesaid order, arising out of proceeding under Section 156, 166, 167 and 189 (aa) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act). The petitioner has also prayed for mandamus, directing the Collector to issue "No Objection Certificate" in favour of the petitioner for establishing 'Retail Out Let' of Indian Oil Corporation Ltd. at village Nagla Arrua, tahsil Kirawali, district Agra. But this relief is based on a separate cause of action, for which this Court has no jurisdiction as such the petitioner is given liberty to file separate writ petition for this prayer before appropriate Court.

(3.) INDIAN Oil Corporation Ltd. made advertisement dated 01.07.2010 for awarding dealership of 'Retail Out Let' of the category of "Kisan Sewa Kendra', for the rural areas. For village Nagla Arrua, tahsil Kirawali, district Agra, one such Retail Out Let was advertized and reserved for 'Physically Handicap (Woman)'. The petitioner also applied for grant of license of dealership. According to the norms, as prescribed in the brochure, the petitioner was required to own a land of the size of 40 meter X 40 meter, either in her ownership or on lease. Veer Narain Singh son of Ratan Singh, who was a co -sharer of 1/2 share in plot 720 of village Nagla Arrua, tahsil Kirawali, district Agra, agreed to give required land on lease. He constructed to boundary wall of the required land on the roadside and also raised constructions in it. He executed a registered lease deed dated 28.01.2011 of the land in dispute in favour of the petitioner. Thereafter, they filed an application (registered as Case No. 16 of 2011 -12) under Section 143 of the Act, for declaring the land in dispute as 'non -agricultural land'. Sub -Divisional Officer, after holding necessary inquiry, by order dated 27.03.2012 declared the land in dispute as 'non -agricultural land' and also sent necessary information to Sub -Registrar for registration as required under Section 145 of the Act.