Arun Tandon, Naheed Ara Moonis, JJ. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
(2.) Petitioner on the basis of sale-deed said to have been executed by one Faiyaz Hussain in his favour claims that he acquired the lease hold rights in respect of property recorded as shop in the municipal records. It is then stated that the petitioner is in actual possession of the shop in question being Khasara No.1249.
(3.) In paragraph-11 of the present writ petition it is stated that records reflect that the property was in fact a Nazul property. The original lease whereof was granted in favour of Parshadi son of Girdhari Lal and Radhey Kishan son of Damrumal. It is stated that the aforesaid two persons had sold the property in favour of Faiyaz Hussain, who in turn executed sale-deed in favour of the petitioner. On these factual allegations, the petitioner claims to have made an application for grant of free hold rights over the property in question in terms of the Government Order dated 3rd October, 1994. Since his application was not being considered, petitioner filed the present writ petition for a writ of mandamus commanding the District Magistrate to consider his application dated 19th September, 1995 in view of the Government Order dated 3rd October, 1994.;