- (1.) The petitioner alleging itself to be a society registered under the provisions of the Societies Registration and engaged in imparting education has approached this Court seeking the following main relief : "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 22.4.2002 passed by the respondent no. 2. (ii) issue a writ, order or direction in the nature mandamus commanding the respondents to keep the amount of Rs.7,81,911/- deposited by the petitioner society in safe custody for adjustment/return in terms decision of the State Government in pending appeal/representation. (iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case."
(2.) The aforesaid relief is being claimed in the background of facts, as set out in the pleadings, are as under : The petitioner was already having a lease of an area 464 sq. yard of Nazul plot no. 452. The said plot admittedly is a big plot measuring about 5000 sq. yards. An application was moved by the petitioner before the Nagar Palika Parishad, Moradabad for grant of lease for the remaining area 4646.40 sq. yard of plot no. 452 for extension of the school building. Nagar Palika Parishad vide resolution dated 28.09.1979 resolved to grant lease of the said area in favour of the petitioner for 90 years, renewable after every 30 years on payment of premium and annual rent and recommended to the State Government for its approval. It is clear from the pleadings that no lease was executed in favour of the petitioner for want of approval from the State Government. It is further clear from the pleadings that without there being approval from the State Government for execution of the lease in favour of the petitioner, some amount was deposited by the petitioner with the Nagar Palika Parishad towards annual rent as well as premium. The State Government promulgated a policy of free hold vide Government Order dated 01.12.1998 laying down terms and conditions for making Nazul land as free hold. In pursuance of the aforesaid Government Order, petitioner's society made an application dated 18.01.1999 for free hold of the area 4646.40 sq. yard (3475.16 sq. meter), which was proposed to be allotted in its favour by resolution of the Nagar Palika Parishad dated 28.09.1979. Along with application, the petitioner also deposited 25% of self-assessed free hold charges calculated at the circle rate of 1991 amounting to Rs.7,81,911/-. The Additional District Magistrate (Finance & Revenue) finding that the petitioner was an unauthorized occupant over the said part of the land as no free hold lease deed was executed in its favour, issued a demand notice dated 24.01.2000 intimating that its application for free hold can only be considered in accordance with the provisions of the Government Order and at the circle rate prevalent at the time of making of the application i.e. 18.1.1999, which was Rs.6000/- per sq. meter. Accordingly, the petitioner was required to deposit the balance amount.
(3.) When the petition was presented before this Court following order was passed on 02.09.2002 : "Learned counsel for the petitioner prays for and is granted 10 days time for filing a supplementary affidavit bringing on record the additional facts and copies of documents sought to be relied upon in support of the writ petition. Along with affidavit a copy of the original lease shall be annexed. List this writ petition for admission thereafter." A perusal of the record and order sheet of the case reveals that no supplementary affidavit till date has been filed by the petitioner annexing the document as was required vide order dated 02.08.2002. The petition came to be listed n 31.03.2011 when it was passed over on the request of the learned counsel for the petitioner.;