- (1.) Heard Dr. L. P. Mishra, learned Counsel for the petitioner, Sri Shailendra Singh Chauhan, learned Additional Chief Standing counsel for respondent No.1/State, Sri Puneet Chandra, learned Counsel for respondent No.2 and Sri Mohd. Arif Khan, learned Senior Advocate assisted by Sri Mohd. Aslam Khan, learned Counsel for respondent No.3.
(2.) The petitioner is praying for quashment of order dated 4.12.2015 and order, if any, with respect to granting freehold rights in favour of opposite party No.3 and is also claiming his rights for consideration of his application and conversion of the premises with freehold rights on the ground that he is a statutory tenant and since the original lessee has not applied for the same, it is the petitioner who is entitled to receive the said benefit at the circle rates applicable in the year 1991 and praying for the following reliefs:- "(i.Issue a Writ in the nature of certiorari quashing the impugned order dated 04.12.2015 duly communicated to and received by the Petitioner on 30.01.2016 as contained in Annexure No.14 with the Writ Petition. (ii) Issue a Writ in the nature of mandamus on commanding the Opposite Party No.1 to take decision on the free hold application of the Petitioner with respect to the calculation of the amounts as per cut off date of the year 1991 or 1997 as required by the Opposite Party No.2 Lucknow Development Authority through its Vice chairman on its letter dated 08.10.2001 as contained in Annexure No. 10 with the Writ Petition within such day and time to be fixed by this Hon'ble Court. (iii) Issue appropriate writ order or direction by quashing the entire proceedings and the order if any, after summoning its original from the Opposite Parties Nos.1 and 2 with respect to granting free hold rights or according approval or acceptance of the same to the Opposite party No.3 in respect of Nazul land No.15, A.P. Sen Road, Lucknow. (iv) Issue such other appropriate writ order or direction as this Hon'ble Court may kindly deem just and proper in the circumstances of the case in favour of the Petitioner against the Opposite Parties. (v) Award costs of Writ Petition to the Petitioner against the Opposite Parties."
(3.) Nazul Land No.15 area B.1-7-16-16 created on Khasra No. 574 (Bhag), 585 (Bhag), 586 (Bhag), 610 (Bhag) and 611 (Bhag), Mohalla Charbagh, Lucknow was leased out for a period of 30 years in favour of Shri Raj Narain Kakkad.;