- (1.) Heard Shri A.B. Singh, learned counsel for petitioners, Shri Vashistha Tiwari, learned counsel for respondents, learned Standing Counsel for State-respondent and perused the record.
(2.) This writ petition is directed against notice dated 30.09.1999 (Annexures - 6-A to 6-F) whereby certain amount has been demanded from petitioners for the purpose of considering their application for renewal, but said amount has not been deposited by petitioners. The only argument advanced on behalf of petitioners is that petitioners had applied for conversion of lease rights into freehold in accordance with Government Order dated 01.12.1998 and, therefore, respondents-authorities must allow petitioners to deposit freehold charges as per the circle rate of 1991-92 strictly in accordance with Government Order dated 01.12.1998 and subsequent Government Orders issued by State Government changing conditions of freehold cannot be made applicable to petitioners. Relying on a Division Bench judgment in Dr. O.P. Gupta v. State of U.P. and another 2009 (76) ALR 767= 2009 (4) AWC 4038 it is contended that right to be considered for conversion to freehold would vest according to the provisions as were applicable while application was filed for freehold and would not change according to law as it would have been available on the date of passing of order by authorities concerned inasmuch subsequent policy would be prospective and would not apply to the cases where applications are already pending.
(3.) We find really sorry for petitioners for relying on a Division Bench judgment which has already been overruled by Full Bench in Anand Kumar Sharma Vs. State of U.P. through Secretary and others 2014 (2) ADJ 742. Following two questions were referred for answer by Larger Bench: (1) Whether the application of the petitioner dated 25.7.2005 submitted for grant of freehold right on the basis of the Government Order dated 1.12.1998 (Paragraph 7) and the Government Order dated 10.12.2002 (paragraph 5) was entitled to be considered in accordance with the Government policy as was in existence on the date of application or the Government policy as amended by Government Order dated 4.8.2006, was to be taken into consideration while deciding the application on 18.12.2006? (2) Whether the Division Bench judgment in Dr. O.P. Gupta v. State of U.P. 2009 (76) ALR 767 lays down the correct law?;