KAMLA NEHRU EDUCATIONAL SOCIETY AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2020-7-150
HIGH COURT OF ALLAHABAD
Decided on July 07,2020

Kamla Nehru Educational Society And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

VIKAS KUNVAR SRIVASTAV,J. - (1.) By way of this writ petition, a challenge has been made to the order dated 23.3.2019 passed by the opposite party no.2 to cancel the order dated 9.2.2002 by which land in dispute was declared freehold. It is with a direction for refund of the amount to the petioner, as was paid at time of execution of the deed. The case has long chequered history thus need to be given in serratum for clarity.
(2.) By the order dated 11.3.1974, a decision was taken for lease of Nazul land in dispute to the petitioner society. The District Collector passed an order on 6.10.1976 for grant of lease for period of 30 years on an annual rent of Rs.1,135/-. It was as per the direction of the Governor of the State of U.P. under Rule 51 of the Nazul Manual. The order dated 6.10.1976 was passed in pursuance to the letter dated 7.7.1976 for grant of lease to the petitioner society. The name of the petitioner society was thereafter entered in the Nazul Register and Khatauni fasli 1389.
(3.) The District Collector, Raebareli sent a letter dated 4.4.193 to the Government to find out whether lease deed has been examined to undertake further process of its execution. The lease deed was however not executed despite the aforesaid. A letter was also sent by the Union Minister to the State Government for execution of lease deed as the petitioner society intend to open a Girl's college in Raebareli.;


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