M. Katju, J. - (1.) -This writ petition has been filed for a writ of certiorari to quash the impugned order dated 19.11.1999 Annexure-1 to the petition and the order dated 19.7.1999 Annexure-24 to the petition. The petitioners have also prayed for a direction declaring clause 10 of the Government order dated 1.12.1998 Annexure-13 to the petition as null and void and for a mandamus directing the respondent Nos. 2 and 3 to grant conversion of freehold rights in respect of plot No. 1928 in favour of the petitioners and not to grant it in favour of any other person claiming to be tenant or occupants and also not to interfere with the possession of the petitioners over the said plot.
(2.) HEARD learned counsel for the parties. It is alleged in para 3 of the petition that one Liyaqat Husain was the original lessee of plot No. 1928, area 2360 Sq. Yards situated at Mohalla Dholikhar, Agra. It is alleged that Liyaqat Husain transferred his leasehold rights over the said plot in favour of Sheikh Ghulam Habib, father-in-law of petitioner No. 1 and grand-father of petitioner Nos. 2, 3, 5 and 6 and father of petitioner No. 4. It is alleged in para 4 of the petition that State Government, recognizing the rights of Sri Ghulam Habib in respect of plot in question had executed a fresh lease in his favour on 4.8.1947 for a period of 30 years w.e.f. 22.1.1944 on yearly rent of Rs. 500. The said lease deed was registered at the office of the Sub-Registrar, Agra. True copy of the lease-deed dated 4.8.1944 is Annexure-2 to the petition. The said Sri Ghulam Habib died in the year 1964 and it is alleged that the lease-hold rights devolved upon his four sons, namely Ghulam Rasool, Ghulam Nasar (father of petitioner Nos. 5 and 6) Maqbool Husain (petitioner No. 4), Anwar Husain, the widow and sons of his eldest son Ghulam Husain and Mustaq Husain petitioner Nos. 1, 2 and 3.
(3.) IT is alleged in para 6 of the petition that on 11.11.1974 all the four sons of the deceased Sheikh Ghulam Habib submitted an application before the respondent No. 1 for renewal of the lease for another term of 30 years. True copy of the receipt of the said application dated 11.11.1974 is Annexure-3 to the petition. IT is alleged in para 7 that on 18.3.1976 the arrears of lease rent due was deposited. A true copy of the receipt of the lease rent issued by the Nagar Mahapalika. Agra, on 18.3.1976 and the receipt of acknowledgment of submission of the lease renewal application issued by the office of respondent No. 1 are Annexures-4 and 5 to the petition. It is alleged in para 8 that the petitioner Nos. 1 to 3, Ghulam Rasool, Anwar Husain and the father of the petitioner Nos. 5 and 6 also submitted an application on 7.10.1982 with the Sahayak Nagar Adhikari, Nagar Mahapalika, Agra, for renewal of the lease in their favour with reference to the earlier application. True copy of the application dated 7.10.1982 is Annexure-6 to the petition. It is alleged in para 9 of the petition that on 18.9.1986, a sum of Rs. 4,488.08 paise was deposited with the Nagar Mahapalika, Agra vide receipt dated 18.9.1986, Annexure-7 to the petition.;