INDIRA RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners have approached this Court seeking the following main reliefs:

(2.) The petitioners claim that the property in dispute was allotted to Sri P.N. Rai, the father-in-law of petitioner No. 1 and Sri L.R. Bajpai, the father of the pensioner No. 2 in the year 1968 and they were statutory tenants. After death of the aforesaid two allottees, the rights have been inherited by the present petitioners and they are the sitting statutory tenants. The two petitioners moved an application for getting the free hold rights over the area in their possession in pursuance of the policy of the State Government promulgated through Government Order dated 1.12.1998 and 17.3.2008. It has further been alleged by the petitioners that neither the erstwhile lessee late Purshattam Das nor his heirs respondents No. 4 to 7 ever exercised their rights for renewal of the lease deed which had expired. The petitioners further claim that in pursuance of Clause 10 of the Government Order dated 1.12.1998 which conferred a right upon the statutory tenant to apply for grant of free hold rights in case the lessee fails to make such application for free hold rights in his favour, they made application alleging that they had a right for being considered for grant of free hold rights.

(3.) It appears that on the basis of the nomination made by the respondents No. 4 to 7 in favour of respondent No. 8, he also made an application for grant of free hold rights. Writ petition No. 4976 (MB) of 2009 was filed by the respondent No. 8 before the Lucknow Bench of this Court which was disposed of vide order dated 31.8.2009 by following order: