MEHMOOD KHAN Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Shri Subodh Kumar and Shri Udit Chandra for the petitioners. Learned Standing Counsel appears for the State respondents. Shri Sanjog Kumar holding brief of Shri Prem Chandra appears for Nagar Palika Parishad, Tilhar, Shahjahanpur.

(2.) THE petitioners have prayed for setting aside the order dated July 25, 2003 passed by the State Government under the signatures of Shri Ramesh Garg, Secretary, Nagar Vikas Anubhag -II, Government of UP, for and on behalf of Governor of Uttar Pradesh, by which he has cancelled resolution no.22 (3) dated 3.10.2001; resolution no.9 (6) dated 4.12.2001 and resolution no.16 (9) dated 6.6.2002 of Nagar Palika Parishad, Tilhar, Shahjahanpur under Section 34 (1 -B) of the U.P. Nagar Palika Adhiniyam 1916, by which the land in Gata nos.106 and 107 (area 0.521 hec.) was allotted to the petitioners, which were earlier allotted to their uncle late Peera Khan, son of Shri Kaley Khan, resident of Mohalla Umarpur, Tilhar, District Shahjahanpur at annual rent of Rs.20/ - and for permission to use the land for commercial purposes.

(3.) LATE Shri Peera Khan, son of Sri Kaley Khan, resident of Mohalla Umarpur, Tilhar, District Shahjahanpur was the lessee of the land under the lease deed granted by the Nagar Palika Parishad, Tilhar to the petitioner. After his death on an application made by the petitioner the Nagar Palika Parishad vide its resolution no.22 (3) dated 3.10.2001 resolved to let out the land to the petitioners on a rent of Rs.200/ - per annum, in pursuance to which an agreement of lease was executed on 5.10.2001 and which was signed by the Chairman of Nagar Palika Parishad, Tilhar, with the condition that no construction will be made nor the nature of the land will be changed without the permission of the Parishad. The petitioners also agreed for increase of rent after five years in accordance with the Government Orders.