- (1.) Heard learned Counsel for the parties. All these abovementioned writ petitions have been filed by the petitioners for the grant of writ of certiorari quashing the Government Order No. 1795/9 Aa-4-2001-436/2001 dated 19.1.2002 and the impugned order passed in pursuance of the Government Order passed by District Magistrate, Moradabad respondent No. 2 dated 25.2.2002 and for further issuance of writ of mandamus to the respondents not to disturb the peaceful possession of the petitioners as also to execute the freehold deed in favour of the petitioners in pursuance of Government Orders dated 23.5.1992 and 3.3.1998 and para. 1.3 of Government Order dated 1.12.1998.
(2.) In short, contention of the petitioners is that petitioners were allotted quarter in question for living in their allotted quarters. The petitioners paid the entire amount of the quarters as required by the Government Order. A demand notice was sent to the petitioners by the competent authority on 21.1.1997 but subsequently without affording an opportunity of hearing being given to the petitioners their applications to convert the land into freehold were rejected. Against the said order the petitioners have come before this Court.
(3.) In the counter-affidavit, the contention raised by the petitioners has been controverted and it is submitted that petitioners were allotted the property in question in their capacity as employees of Nagar Nigam for the purpose to reside and not as private persons. The building belongs to Nagar Nigam and the Nagar Nigam has preferential right to get freehold of the property in question. The deposit of the demanded amount does not confer any ownership right or title unless and until the title is executed. The order has been passed in favour of Nagar Nigam and the applications preferred by the petitioners for getting freehold lease have been rejected. The possession of the petitioners on the said property was merely in the capacity of employees of Nagar Nigam and not in their personal capacity. Employees are paying rent to the Nagar Nigam. Hence the employees have no right or title or lease over the disputed property. That freehold order has been passed in favour of Nagar Nigam. Since the order of freehold has been passed in favour of Nagar Nigam,the petitioners have no right to claim. The petitioners have already been allowed to get the money refunded by following necessary formalities.;