DR Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is the wife of Dr. Prem Chand Mehrotra who died on 24.6.2005. Dr. P.C. Mehrotra was lessee of Bungalow No. 10, Elgin Road, Allahabad who obtained two separate lease deeds in respect of the land in question and copies of the said lease deeds have been filed as Annexures 2 and 3 to the writ petition. THE petitioner applied for free hold after the death of her husband which was not being considered as a result whereof she filed Writ Petition No. 40945 of 2008 in which the following orders were passed on 11.8.2008 : 1. "Heard Mr. Ashwani Kumar Misra in support of this petition, Sri Chandra Shekhar Singh, learned Standing Counsel for State of U.P. appears for the respondents.

(2.) THE petitioner wants to deposit the conversion charges for converting the concerned land into free hold.

(3.) THE aforesaid objection clearly stated that the proceedings were ex-parte and neither any information was tendered with regard to the aforesaid facts nor possession was taken from the land holder. It was further requested that the matter be restored and an appropriate order be passed on merits. On this objection, the counsel for the State/Urban Land Ceiling Authority Sri R.B. Vidhyarthi endorsed a no objection on 18.3.1999 with a request that the matter be restored and it be heard on merits. THE endorsement is available on the records. THEreafter, an application was filed by the same Standing Counsel Sri R.B. Vidhyarthi on 15.4.1999 narrating the aforesaid facts and admitting on behalf of the land ceiling authority that no possession had been taken by the Department and, therefore, the land holder be given the benefit of the 1999 Repeal Act treating the proceedings to have abated as nothing could be done further.