LAWS(ALL)-2009-9-119

ASHOK KUMAR AGARWAL Vs. DISTRICT MAGISTRATE AND OTHERS

Decided On September 04, 2009
ASHOK KUMAR AGARWAL Appellant
V/S
DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) HEARD Shri Yogesh Agarwal, learned counsel appearing for the petitioner. Learned standing counsel appears for the State respondents. Shri K.K. Dube appears for respondent nos. 4, 5/1 to 5/8 and 6.

(2.) BY this writ petition, the petitioner has prayed for quashing the order of the District Magistrate, Lalitpur dated 19.1.2000, rejecting his application for converting lease hold rights over nazul plot No. 3861 area 151.40 square meters with the self assessed deposit of Rs. 11,128/- vide challan No. 47 dated 30.1.1999.

(3.) AFTER rejecting petitioner's application on the ground, that his title over the land is doubtful, and that he is not in occupation of the land except nine square meters on which he has kept a box, the District Magistrate allowed the application of respondent no. 4-Suresh Chandra, for converting 12 square meters of land in his possession into free hold on 24.1.2000, and also the application of respondent no. 5 for an area 32.70 square meters on 24.1.2000 and the application of respondent no. 6, for 15 square meters on 19.1.2000. All these three pieces of land are part of nazul plot No. 3861 with total area 151.40 square meters. The petitioner had claimed that other persons were his tenants and that they were not entitled for conversion of the portions of the nazul arazi into free hold, specially when he had applied for conversion of the entire land as free hold land in his favour.