LAKSHMI KACKKAR Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed against the impugned order dated 9-11-1992, Annexure 9 and the notice dated 7-9-1992, Annexure 19 to the writ petition.

(2.) HEARD the learned Counsel for the parties. The facts of the case that a lease regarding non-Zamindari Abolition Area was executed relating to Plot Nos. 23,39/2, 40, 43 and 44/2 having total area of one bigha 19 biswas and 5 dhurs situated in village Beli Uparhar, Pargana and Tehsil Chail, district Allahabad on 26- 12-1964 by the Government Estate Department, Al lahabad. This was said to be occupancy tenancy within the meaning of the U. P. Tenancy Act. Under Section 3 (8) (1) read with Section 65 (1) of the U. P. Tenancy Act, permission was accorded on 21-4-1965 by the respondent to build a building on the said land. The lease was executed in favour of the petitioner as well as other persons. There was inter se partition between the lessees which was duly recognised by all the respondents. Plot No. 40 came to the share of the petitioner and her name was mutated over the said plot. A deed was also executed on 20-6- 1966 permitting her to make construction over the property in dispute. True copy of the lease deed dated 26-12-1964 is Annexure 1 to the petition. True copy of the permission dated 21-4-1965 is Annexure 2. True copy of the deed dated 20-6-1966 is Annexure 3 and the true copy of the revenue records is Annexure 4 to the petition.

(3.) IN paragraph 7 of the petition, it is stated that in order to harass the lease holders/a drive was initiated to oust the lease holders from the lease hold premises and consequently a notice under the U. P. Public Premises (Eviction of Un authorised Occupants) Act was issued to the petitioner and on 9-11- 1992, the lease of the petitioner was cancelled. It is stated in this paragraph that this order was passed without hearing the petitioner. True copy of the order dated 9-11-1992 is Annexure 9 to the petition.