SUDHIR AGARWAL,J. - (1.) Both these writ petitions relates to same parties and properties and are connected, therefore, have been heard together and are being decided by this common judgment.
(2.) Petitioner -Brij Bihari Lal Tandon claims himself to be a lease holder of Nazul Plots no. 148/14 area 1.366 karis and 167/4 area 2.200 karis, total 1.566 karis, within Manunath Bhanjan Municipality, pursuant to a registered lease deed dated 10.10.1953. Lease deed was executed by Governor of United Provinces on one part and petitioner -Brij Bihari Lal Tandon on second part. On behalf of Governor lease deed was executed by Municipal Board, Mau and Collector of District Azamgarh as 'Lessor'. The term of lease was 30 years w.e.f. 01.10.1953.
(3.) Petitioner constructed two godowns on leased land which were sub -let to Regional Food Controller as directed by Collector, Azamgarh. Subsequently a Bungalow was also constructed over a portion of land and same was let out to Life Insurance Corporation under the directions of Collector. Term of lease was to expire in 1983 and in anticipation thereof petitioner applied for renewal of lease in 1979. Lease was not renewed till the term expired, though subsequently Collector recommended renewal of lease vide letter dated 16.07.1984. State Government accepted recommendation, required petitioner to pay premium of Rs. 1,97,200/ - and annual rent of Rs. 295/ -. Letter to this effect was issued to petitioner on 31 May/ 10 June, 1985 by Nazul Officer. Petitioner agreed to pay annual rent but objecting demand of premium of Rs. 1,97,200/ -, submitted an application dated 05.08.1985 requesting for its waiver, in view of Rule 17(3) of Nazul Manual. Collector, Azamgarh, vide letter dated February, 1986 made recommendation in favour of petitioner for waiver of premium but same was not accepted and instead impugned order dated 08.07.1988 has been passed by Collector, Azamgarh, directing petitioner to remove his Malba from disputed land and handover vacant possession to Executive Officer, Nagar Palika, Maunath Bhanjan. It is this order dated 08.07.1988 (Annexure -8 to the writ petition) which has been challenged in Writ Petition No. 13846 of 1988 (hereinafter referred to as the "first petition") seeking a writ of certiorari for quashing the same. Petitioner has also sought a mandamus commanding respondents to renew lease in his favour for another term of 30 years in accordance with Rules 17(3), 22, 55 and 56 of Nazul Manual, without insisting for payment of any premium.;