(1.) By means of the present writ petition filed under Article 226 of the Constitution of India the petitioner has prayed to issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 11.02.2014 and 09.04.2014, Annexure 1 and 7 of the writ petition, with further prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned condition in the lease deed for payment of labhansh on each transfer to Nagar Nigam by the lessee or, in alternative, declare the same to be void and inoperative. The petitioner has further prayed to issue a writ, order or direction in the nature of mandamus commanding opposite party no.1, Lucknow Nagar Nigam, to grant permission to the petitioner to transfer his plot on lease without requiring payment of any labhansh which is being illegally demanded by the Nagar Nigam.
(2.) The brief facts giving rise to filing of the present writ petition are that on the request of the petitioner a plot bearing no.275 in Eldeco Green, Rafi Ahmed Kidwai Nagar Scheme, located in Gomti Nagar, Lucknow, of the Lucknow Nagar Nigam was leased out in favour of the petitioner for a premium of Rs. 3,28,053/- only. The area of the plot was 298.27 sq. meter on the road having width of 7 meters only in all including road patari vide lease deed dated 24.09.1999. The petitioner requested the authorities concerned to accord their permission to transfer the aforesaid plot to another person vide letter dated 31.12.2013 but the respondent no.1 in an illegal and arbitrary manner issued a letter dated 11.02.2014 to the petitioner whereby Rs. 45,21,771/- had been asked from the petitioner as labhansh for granting him permission to transfer his plot to another person. The petitioner has also submitted that in the lease deed the width of the road has been narrated as 24 meters while it is only 7 meter and this could be verified after taking actual measurement of the plot subsequently by the petitioner after 14 years of executing the lease deed.
(3.) The main contention of learned counsel for the petitioner relates to condition as laid down in the lease deed which is as follows:-