V.M.SAHAI, R.N.MISRA, JJ. - (1.) THE petitioner claims that she was in unauthorised possession over nazul land being plot No. 676 area 1.440 sq. ft. situate in a village Husainabad Pargana Haweli, Sadar, district Jaunpur. It was also claimed that a kachcha house of a petitioner existed on the plot in dispute since 1981. The petitioner belongs to Nishad (Mallah) caste which is a backward caste and since she was in possession for more than 24 years, therefore, the aforesaid nazul plot be made freehold in her favour in pursuance of Government orders dated 1.12.1998 and 10.12.2002. The petitioner also made a representation to the District Magistrate on 11.4.2001. The petitioner had deposited Rs. 32,400 on 27.3.2001 by means of a treasury challan. The petitioner had also deposited Rs. 10,000 on 13.4.2004. She made a representation on 24.1.2005 to the District Magistrate, Jaunpur that she was in possession of the nazul plot and one Shri Kedarnath Jaiswal is trying to interfere in her possession, therefore, the plot be made free hold. This representation of the petitioner dated 24.1.2005 had been rejected on 1.2.2005 by the District Magistrate, Jaunpur on the ground that under the master plan the plot in dispute was required for widening of the road therefore, the plot in dispute could not be made freehold and rejected the application of the petitioner dated 13.2.2003. The petitioner has challenged the order dated 1.2.2005 by means of this writ petition.
(2.) WE have heard Shri Rajendra Prasad Tiwari, learned counsel for the petitioner and learned standing counsel appearing for the respondents. It is not disputed by the learned counsel for the petitioner that the petitioner was in unauthorised possession and occupation over the nazul plot and under the Government order the land in dispute could be made freehold. In para 6 of the counter -affidavit it has been stated that the land in dispute is a sadafc pattri. It is required for widening of road under the master plan. The argument of learned counsel for the petitioner that under the Government orders dated 1.3.2006 and 10.3.2002 even person who are in unauthorised possession of the nazul land if they deposit the amount as required by the Government order, the land would be made free hold to them, as per the provision contained in aforesaid two Government orders. The Government orders dated 1.12.1998 and 1.12.2002 have been modified by Government order dated 4.8.2006 and it had been decided that unauthorised possession of persons on nazul land be not regularised and the earlier Government order was withdrawn. The Government order dated 4.8.2006 is extracted below :
(3.) FROM a perusal of the aforesaid Government order it is clear that no one can be granted freehold rights if one is in unauthorised possession over the nazul land.;