Dr. R.R. Misra, J. - (1.) SINCE the facts as well as the points involved in these three petitions are common, therefore, the same were heard together and are being disposed of by a common judgment. Before we embark upon the controversy involved in these petitions, it may be recalled that the matter regarding the determination of rate of premium and renewal of lease relating to Civil Lines Area of Allahabad has earlier been decided by this Court in the case of Purshottam Bass Tandon and others v. State of U.P. Lucknow and others : 1987 (13) A.L.R. 92. In the said case certain directions were issued to the opposite parties, among others, for the determination of rate of premium etc. We are given to understand that in compliance with the same the opposite parties have calculated and determined the Nazrana and the yearly ground rent in regard to nazul plots of Civil Lines Area of Allahabad.
(2.) DISPUTE in each of these petitions relates to Nazul land which is situate on the Thornhill Road. Allahabad. Since the leases of the Nazul land in these cases have expired recently, the Collector, opposite party No. 3 in connection with the renewal of such leases has fixed Nazrana and yearly ground rent afresh against the petitioners for payment as consideration for grant of fresh lease. In these petitions the petitioners have challenged the said calculation of Nazrana and yearly ground rent. One of the submissions made by the learned counsel appearing for the petitioners is that the opposite parties while fixing the aforesaid amounts of Nazrana and yearly ground rent have adopted different standard for calculation inasmuch as far a land which is nearby and adjacent to the land of the petitioners they have fixed the rates of Nazrana and yearly ground rent at figures which are for below than these in the cases of the petitioners. Hence, the contention is that the opposite parties are not justified in law in making the said calculations regarding fixation of Nazrana and yearly ground rent in the case of persons other than the petitioners at lesser rates while at the same time calculation of Nazrana and yearly ground rent in the cases of the petitioners at high figures of rates arbitrarily. This has resulted in discrimination also.
(3.) IN reply, in paragraph 10 of the counter -affidavit it has been asserted that the calculations which have been made in cases of persons, other than petitioners, are in accordance with the Government order which applied to the plots situate in Civil Lines Area of Allahabad. It has been further asserted that the disputed land of the petitioners is situate in Chikatpur village Naseebpur Bakhtiara and, therefore, the same is not governed by the G.O. which is applicable to Nazul plots situate in Civil Lines area of Allahabad.;