NEW KANPUR FLOUR MILLS PVT LTD Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-2005-9-32
HIGH COURT OF ALLAHABAD
Decided on September 12,2005

NEW KANPUR FLOUR MILLS PVT.LTD. Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

R.K.Agrawal, J. - (1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, New Kanpur Flour Mills Pvt. Ltd. seeks the following reliefs: "(a) 'issue' a writ, order or direction in the nature of certiorari, quashing the impugned order dated 3rd December, 1999 (annexure No. 11 to writ petition), passed by the State Government/respondent No. 1; (b) 'issue' a writ, order or direction in the nature of mandamus, directing the respondents not to give effect to the impugned-order of respondent No. 1 dated 3rd of December, 1999(annexed as annexure No. 11 to this writ petition); (c) 'issue' a writ, order or direction in the nature of mandamus, directing the respondents to extend the benefit of 20% rebate in making the deposit of free-hold amount by the petitioner as per the Government Orders dated 02.10.1994 and 17.02.1996(annexure nos.2 and 3 respectively to this petition) and not to make any further recovery of 20% rebate from the petitioner; (d) 'issue' a writ, order or direction in the nature of mandamus, directing the respondents not to take any steps of recovery of 20% free-hold amount from the petitioner consequent to the Government Order dated 03.12.1999 (annexure No. l1 to this writ petition). (e) 'issue' any such other or further suitable writ, order or direction as this Hon'ble Court may deem just and fit in the circumstances of the case to meet the ends of justice between the parties; (f) 'award' the cost of the instant writ petition to the petitioner."
(2.) Briefly stated the facts giving rise to the present petition are as follows:
(3.) According to the petitioner, it is the leaseholder of Nazul Plot No. 2, Block No. 85 (82/2), Cooperganj, Kanpur Nagar. The Government of Uttar Pradesh had issued an order on 2nd December, 1992 laying down the policy and principles for conversion of lease hold rights in respect of nazul land into freehold on payment of the amount as prescribed therein. Several other Government Orders were issued from time to time by the Government of Uttar Pradesh. Vide Government Order dated 3rd October, 1994, the State Government had provided that if a lessee makes payment of the entire amount of freehold charges within 90 days from the issue of the demand note, the lessee would be entitled for rebate of 20% thereon. It is claimed by the petitioner that the Government of Uttar Pradesh vide order dated 14th October, 1996 had directed the district authorities to take proceedings for the conversion of leasehold rights in respect of nazul land into freehold in respect of the land held by the petitioner in accordance with the Government Order dated 17th February, 1996,wherein the amount of conversion from leasehold to freehold has been provided at the rate of 40% of the circle rate. The petitioner had made an application for conversion of lease hold rights in respect of the nazul plot in question into freehold on 12th May, 1993 and another application was made on 8th April, 1994. The demand note was issued to the petitioner on 25th January, 1995. The petitioner had challenged the validity of the Government Order dated 3rd October, 1994 and demand note dated 25th January, 1995 before this Court by means of Civil Misc. Writ Petition No. 21320 of 1995, which was subsequently got dismissed as withdrawn on account of subsequent developments,which rendered it infructuous.;


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