RAM GANESH Vs. DISTRICT MAGISTRATE ALLAHABAD

JUDGEMENT

(1.) SHRI S. R. Verma appears for the petitioner and SHRI U. K. Awasthi appears for the respondents No. 1 and 2. The respondents No. 3 and 4 were personally served as is apparent from the affidavit of Ram Ganesh from the side of the petitioner. No counter-affidavit has been filed from the side of any of the respondents. The petition is finally disposed of with the consent of the petitioner and learned Standing Counsel today itself.

(2.) IN this writ petition the petitioner has sought a writ of certiorari for the quashing of the order dated 20th December, 1997 passed by the S. D. M. , Annexure-4 to the writ petition, whereby he approved the renewal of the lease for a period of five years, in favour of Ram Das respondent No. 4 in whose favour there had been its Patta for 10 years starting from 5-12-87. The challenge has been made on the ground that this renewal has been made in violation of the Government Orders and the prescribed procedure. The learned Standing Counsel has conceded that the renewal order was wrong in law and ought to be quashed. The impugned order passed by the S. D. M. is manifestly illegal and is consequently quashed. The S. D. M. shall be auctioning the Theka by open auction within two months from today after publishing due notice in two newspapers having wide circulation in the area and following the procedure laid down by law.