- (1.) HEARD Sri U.N. Sharma, Senior Advocate assisted by Sri S.P. Giri, for the petitioner, Standing Counsel, for State of U.P. and Sri Ishan Shishu, Standing Counsel, for Union of India, Sri Prakash Padia, Standing Counsel for Indian Oil Corporation. As there is no factual controversy as such the counsels appearing for the respondents do not propose to file Counter Affidavit. With the consent of the parties, the writ petition is decided finally.
(2.) THIS writ petition has been filed for quashing the orders of Additional Collector dated 17.10.2013, declaring the lease deed dated 28.01.2011 as void and vesting the land in dispute in State of U.P. and Board of Revenue U.P. dated 13.02.2014, dismissing revision of the petitioner from the aforesaid order, arising out of proceeding under Section 156, 166, 167 and 189 (aa) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act). The petitioner has also prayed for mandamus, directing the Collector to issue "No Objection Certificate" in favour of the petitioner for establishing 'Retail Out Let' of Indian Oil Corporation Ltd. at village Nagla Arrua, tahsil Kirawali, district Agra. But this relief is based on a separate cause of action, for which this Court has no jurisdiction as such the petitioner is given liberty to file separate writ petition for this prayer before appropriate Court.
(3.) INDIAN Oil Corporation Ltd. made advertisement dated 01.07.2010 for awarding dealership of 'Retail Out Let' of the category of "Kisan Sewa Kendra', for the rural areas. For village Nagla Arrua, tahsil Kirawali, district Agra, one such Retail Out Let was advertized and reserved for 'Physically Handicap (Woman)'. The petitioner also applied for grant of license of dealership. According to the norms, as prescribed in the brochure, the petitioner was required to own a land of the size of 40 meter X 40 meter, either in her ownership or on lease. Veer Narain Singh son of Ratan Singh, who was a co -sharer of 1/2 share in plot 720 of village Nagla Arrua, tahsil Kirawali, district Agra, agreed to give required land on lease. He constructed to boundary wall of the required land on the roadside and also raised constructions in it. He executed a registered lease deed dated 28.01.2011 of the land in dispute in favour of the petitioner. Thereafter, they filed an application (registered as Case No. 16 of 2011 -12) under Section 143 of the Act, for declaring the land in dispute as 'non -agricultural land'. Sub -Divisional Officer, after holding necessary inquiry, by order dated 27.03.2012 declared the land in dispute as 'non -agricultural land' and also sent necessary information to Sub -Registrar for registration as required under Section 145 of the Act. State of U.P. and Gaon Sabha filed an application dated 30.03.2013 before the Collector that Veer Narain Singh had let out an area of 1600 squire meter of plot 720 (total area 1.370 hectare) of village Nagla Arrua, tahsil Kirawali, district Agra, through lease deed dated 28.01.2011 to the petitioner, in violation of Section 156 of the Act as such the land in dispute was vested in State of U.P. from the date of lease deed and possession over it be taken. The Collector, by order dated 30.03.2013 directed for registering the case and issuing notices to the petitioner and Veer Narain Singh. Additional Collector issued a show cause notice dated 04.04.2013 to the petitioner and Veer Narain Singh, under Section 156, 166, 167 and 189 (aa) of the Act, alleging therein that Land Management Officer, through his report dated 30.03.2013, informed that you had let out an area of 1600 squire meter of plot 720 (total area 1.370 hectare) of village Nagla Arrua, tahsil Kirawali, district Agra, through lease deed dated 28.01.2011 to the petitioner, in violation of Section 156 of the Act as such the land in dispute was vested in State of U.P. from the date of lease deed. The petitioner and Veer Narain Singh contested the show cause notice and filed their reply, stating therein that the land in dispute was converted as 'non -agricultural land' and thereafter the lease deed dated 28.01.2011 was executed. On their application, Sub -Divisional Officer, by order dated 27.03.2012 has declared the land as 'non -agricultural land' under the provisions of Section 143 of the Act. Sub -Divisional Officer also granted 'No Objection Certificate" on 10.01.2012. The declaration under Section 143 of the Act, was already made as such this proceeding is not maintainable. In any case, provisions of Section 166, 167 and 189 (aa) of the Act of the Act are not applicable as even if the land in dispute is treated as an agricultural land, the leasee will become 'bhumidhar with non -transferable right' under Section 165 of the Act. District Government Counsel (Revenue) also filed a reply to the objection of the petitioner.;