U.S.Tripathi, J. - (1.) These writ petitions under Article 226 of the Constitution of India have been filed for issuance of a writ, order or direction in the nature of certiorari quashing and modifying the impugned judgment and order dated 30.8.1994 passed by respondent No. 1. The petitioner of Writ Petition No. 38312 of 1994 has further prayed for fixing market value of land in question @ Rs. 1,000 per square yard and determining annual rent on said value.
(2.) The landlords Colonel Sawai Brijendra Singh, Ex. Maharaja, Bharatpur and his son Sri Vishwendra Singh through Mukhtaram moved an application before the Rent Control and Eviction Officer. Mathura under Section 29A (5) of U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (U. P. Act No. 13 of 1972) (hereinafter called the Act), for determination of annual rent of the land over which Government Inter College (Babu Briridatan Das Pushpawati Inter College, General Ganj, Mathura) was being run under the tenancy of State of U. P. according to prevailing market value of the land in question. The State of U. P. contested the above application mainly on the ground that there was agreed rent between the parties and therefore, Section 29A (5) of the Act was not applicable and the rate of market value as well as area under tenancy were highly exaggerated.
(3.) The learned Rent Control and Eviction Officer, on considering the evidence and material on record, held that initially a portion of land in question was let out to the State of U. P. on 18.11.1867 on annual rent of Rs. 21. According to extract of Wazibul Arz of 1284 Fasali and map of Mathura city for the year 1872-1873 A.D. Native School was recorded in plot No. 64 and according to Wazibul Arz land of Madarsa belonged to Raja Sahib Bharatpur and buildings over said land were let out to State Government on annual rental of Rs. 21. On 18.11.1867 only 3 bighas. 15 biswansis land was given on annual rental of Rs. 21. On 10.4.1871 some more land was given on rent and area of entire tenanted land became 4 bighas, 9 biswas, and 14 biswansis. on annual rental of Rs. 25, aanas 6. paise 3 and lastly in the year 1877 and 1898 an area of 5.86 acres was given on tenancy to the State of U. P. on annual rental of Rs. 32 paise 9. The said rent remained in force till 1940 and after 1940 rent was increased to Rs. 32, aana 1. Thus. total area in the tenancy of State of U. P. was 5.86 acres of which the respondent Nos. 2 and 3 were landlords. It further held that rent agreed for the purposes of Section 29A (5) of the Act was the rent agreed between the parties after enforcement of the Act. Since, no rent was agreed after enforcement of the Act. provisions of Section 29A (5) were applicable. The application was properly verified and filed. He further held that circle rate of land in the area was Rs. 1.125 per square metre and landlord had claimed determination of price of land at the rate of Rs. 1,000 per square yard, but he assessed the market value of the land at the rate of Rs. 100 per square yard. Accordingly, he assessed the annual value of land in question at Rs. 23.71.500 and annual rent of it at Rs. 2,37,150 and allowed the application accordingly.;