A.K.Yog, R.K.Rastogi - (1.) HEARD learned counsel for the parties.
(2.) BACKGROUND.-The petitioner, Sri S. N. Lal has filed above writ petition with the pleadings, contending inter alia amongst others, that he is 'tenant' under U. P. Rent Control Act (Act XIII of 1972 ) of the house situated at 8/12, Lyall Road (Now Patrika Marg), he is living with his family members as such since 21st July, 1973 on the basis of allotment order dated 18th December, 1972 ; the petitioner retired in the year 1993 from the post of Administrative Officer in the office of Director of Education, the premises held by the petitioner as tenant is situate on Nazul land numbered as plot No. 213A, Civil Station, Allahabad in the records of Nagar Nigam, Allahabad; lease of the said 'Nazul land' expired on 3rd February, 1962 ; fresh lease was sanctioned in 1968 in favour of B. P. Rai by the then Commissioner, Allahabad Division, Allahabad ; but fresh lease deed was never executed ; after the death of B. P. Rai, (erstwhile lessee) names of his heirs/legal representatives-namely Smt. Aroti Mukharji, Sameer Kumar Rai and Sarit Kumar Rai were entered in the records of Nazul property in 1979 (as per record available in the Nazul department), the premises in tenancy of the petitioner was purported to be transferred illegally in favour of one Janta Sahkari Grih Nirman Samiti Ltd. vide registered sale deed dated 26.4.1979 ; name of the petitioner finds place in the said sale deed as tenant of the premises in question; the said 'sale-deed' is illegal and 'ineffective' as it was executed without obtaining permission from the Collector ; i.e., in breach of a condition to the terms of 'lease' ; Janta Sahkari Grih Nirman Samiti filed Original Suit No. 534 of 1982 before Munsif West, Allahabad and obtained ex parte order dated 24.8.1983 by concealment/ misrepresentation; legal representatives of erstwhile lessee (Sri B. P. Rai) are guilty of committing breach of 'Term and conditions' of lease itself, and lastly that the then District Magistrate, Nazul, Allahabad vide order dated March 1, 1993 (Annexure-12 to the writ petition) has already held said 'sale deed' to be illegal and void. For the purposes of deciding present writ petition, it will suffice to note that the State Government issued several Government orders from time to time for granting free hold rights over Nazul properties. There is no dispute that one of such G.O. provided that 'nominee' or 'tenant' of a lease property, in certain contingencies and subject to the conditions laid therein could seek 'free hold' rights in that premises. The petitioner accordingly submitted his claim before concerned authority for granting free hold right in his favour in respect of the premises in his possession as tenant. The proceedings, including the correspondence between the petitioner and the respondent authorities, on record show that the then A.D.M., Nazul (Sri S. N. Srivastava s/o Uday Shanker Srivastava) issued notice to the petitioner dated 10.12.2004 requiring him to appear on 18.12.2004 for hearing on his application for granting free hold rights in his favour, which also required adjudication of validity of grant of 'free hold' rights in favour of Smt. Lata Agarwal/respondent No. 5. Copy of this notice dated 10.12.2004 is Annexure-6 to the supplementary affidavit filed alongwith Civil Misc. Stay Application No. 2823 of 2005 dated 6.1.2005.
(3.) RELIEFS claimed in the present writ petition (filed in the year 2000) read : "(a) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 4th February, 2000 on the basis of the report submitted by Nagar Nigam vide letter dated 22nd October, 1999. (b) to issue a writ, order or direction in the nature of mandamus directing the A.D.M. (Nazul) and other concerned authorities to consider the claim of free hold of the property in question in favour of the petitioner in view of para 14 of the Government policy in accordance with law within a stipulated period. (c) to issue a writ, order or direction in the nature of mandamus directing to consider the objection of the petitioner pending before District Magistrate, Additional District Magistrate (Nazul) and Nagar Nigam before considering the claim of respondent No. 4 in accordance with Government policy dated 1st December, 1998 (Annexure-15). (e) to issue any other writ, order or direction this Hon'ble Court may deem fit and proper under the circumstances of the case. (f) to award the costs of the petition to the petitioner." With the permission of the Court vide order dated 6.1.2005 following reliefs were added : "(g) to issue writ, order or direction in the nature of certiorari calling the record of the case quashing of alleged sale deed dated 21.12.2004, executed in between respondent No. 5 and A.D.M. (Nazul), Allahabad on 21.12.2004. (h) to issue a writ, order or direction in the nature of mandamus restraining the respondent authorities from interfering in the peaceful possession of the petitioner and his family in the house in question." Ordersheet of the case dated 10.12.2004 reads : "Apar Zila Magistrate (Nazul) Jiladhikari Mahoday dawara apney adesh sankhaya 5105/ S.T.-2004 dated 20.11.2004 ke anatargat free hold vilekhon ke nishpadan hetu apko adhikrit kiya gaya hai. Jiladhikari Mahoday ne adesh kiya hai ki free hold ki dhanrashi jama karney ke uprant prastut kiye gaye free hold vilekho ka nishpadan Upper Zila Magistrate (Nazul) dwara swatah apney star se kiya jayega. Tatha is hetu prithak se swikriti apekshit nahi hogi atah kripya free hold vilekh hastaksharit karna chahey. Sri S. N. Lal ke prativedan/ apatti dated 11.10.2004 par ubhay paksho ko suna jana awsayak hai. Atah date 18.12.2004 ko at 4.00 p.m. Sunvai hetu niyat kiya jata hai. Patra jari ho." ;