- (1.) Petitioner, which is a registered partnership firm, has approached this Court seeking the following main reliefs. "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 2.6.2000 passed by the respondent no. 1 (Annexure no. 18 to this writ petition). (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to give plot no. 511 area 61.88 in favour of the respondent no. 2. (iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to register the sale deed in favour of the petitioner with regard to an area 61.88 sqr. Meter of plot no. 511."
(2.) The dispute is in respect of plot no. 511, which is a 'Nazul' property. Petitioner was allotted an area of 29.35 sq. mtr. of the said land by respondent no. 2, Nagar Palika Parishad, Kayamganj in the year 1986-87 on a monthly rent of Rs.312.10/- per month which was enhanced to Rs.359/- per month w.e.f. 01.04.1987. Similarly, the other partner of the firm, Chhotey Lal was allotted a pacca shop, area 25 sq. mtr. standing on the said plot for holding a market twice a week on Thursday and Saturday at the rent of Rs.8.45/-. Thus, the petitioner was allotted total area of 43.55 sq. mtr. of land, which includes a pacca shop.
(3.) State Government promulgated a policy for conversion of 'Nazul' land into free hold vide order dated 01.12.1998 on payment of usual charges. On an application made by the petitioner, a notice dated 06.12.1997 was issued to deposit the free hold charges. The petitioner objected to it that he was entitled for conversion of an area of 100 sq. mtr. of land and approached this Court by filing Writ Petition No. 44394 of 1998. Thereafter, respondent no. 1 again issued a demand notice dated 20th March, 1998 demanding a sum of Rs.26,510/- for an area of 14.20 sq. mtr. and Rs.18,499/- for an area of 29.35 sq. mtr. Thereafter, Writ Petition No. 44394 of 1998 was dismissed as withdrawn on 08.03.2000. Petitioner again approached this Court by filing Writ Petition No. 14002 of 2000, which was disposed of with the direction to dispose of the petitioners' representation within six weeks.;