LAWS(ALL)-1997-3-149

PYARE LAL Vs. DISTT MAGISTRATE

Decided On March 03, 1997
PYARE LAL Appellant
V/S
DISTT.MAGISTRATE/PRESIDENT,ZILA PARISHAD,SONBHADRA Respondents

JUDGEMENT

(1.) THE issue raised in this writ petition, in effect, seeks a writ of certiorari to quash an order of 6-8-1994 (Annexure 9 to the writ petition) by which the petitioner was indi cated by the Additional Chief Executive Of ficer, Zila Parishad, Sonbhadra, that as the State Government has not given approval for the lease of the plot No. 1 within Com pany Bagh, the grant cannot be made. THE petitioner desires that this communication be quashed.

(2.) THE Court has heard learned coun sel for the petitioner Mr. V. K. Jaiswal, learned Standing Counsel for the District Magistrate, the respondent No. 1 and learned counsel for the Zila Parishad, respondent No. 2.

(3.) IT is the petitioner's case that of the consideration sought for the grant of the lease, he deposited an amount of Rs. 650. Assuming the lease could be granted, it comes within the purview of an approval to be granted by the Collector and if the capital value was to be taken, otherwise, the ap proval would be granted either by the Com missioner or by the State Government. There is no approval on record of a sanction to settled the grant in favour of the petitioner. This is one aspect of the matter.