NAFEEZ Vs. STATE OF U. P. AND OTHERS

JUDGEMENT

(1.) Petitioner's request for lease of Nazul land within the territorial limit of Municipal Board Saharanpur, was rejected by the State Government vide order dated 29-12-1994. By the same order Government has directed the Municipal Board to settle the land by public auction. Being aggrieved by the said order the petitioner has filed this writ petition. Prayer for settlement of the land in his favour by execution of lease deed has also been made.

(2.) No exception can be taken to the Government Order Public property has to be settled by public auction or by tenders, unless otherwise provided by or under the law. Paragraph 17 of the Nazul Manual ordinarily prohibits the settlement of Nazul land except by public auction or by public tenders.

(3.) Learned counsel for the petitioner has, however, contended that it is not open to the Government to issue and such direction to the Municipal Board which is a statutory authority and is entitled to transfer the property in any manner it likes in view of the provisions of Sections 124 and 393 of the U. P. Municipalities Act (herein after referred to as the Act). This contention is devoid of merit and cannot be accepted for the reasons given below :