Sudhir Agarwal, J. - (1.) This writ petition has been filed by a Housing Society, namely, Saumya Co-operative Housing Society, Allahabad through its Secretary Sanjeev Kanodia (hereinafter referred to as "Petitioner-Society") seeking a writ of certiorari for quashing order dated 30th September, 2014 (Annexure-'8' to the writ petition), passed by Principal Secretary, Revenue Department, State of U.P., Lucknow, rejecting petitioner's representation dated 17.2.2014.
(2.) Dispute in present writ petition relates to Plots number. 112, 113, 114, 118, 119, 120, 121, 122 and 123, measuring 9 acres 1 Rod and 211 Sq. yards (equivalent to 36,807 Sq. meters) situated at Mauja Bhawapur, Mustarkharja, Pargana and Tehsil Chail, District Allahabad (hereinafter referred to as "disputed land"). The aforesaid land belong to the then Government (British Government) as a State owned land. On 5th July, 1930, Secretary of State for India in Council executed 8 separate sale-deeds in respect of above land in dispute in favour of M/s Allahabad Bank Limited, a Company registered under Indian Companies Act, 1857, having its registered office at Calcutta in the Province of Bengal (now West Bengal). Subsequently, it was agreed that a consolidated lease in respect of entire land be executed, consequently, on 29th May, 1940, a consolidated lease was executed between Governor of U.P. and M/s Allahabad Bank Limited. The tenure of lease was 30 years commencing from 1st April, 1930. Annual rent agreed between the parties was Rs. 348/-. It also contains a clause that after expiry of tenure, new lease may be granted by Lessor by way of renewal of a term of 30 years. Maximum period of lease could not have exceeded 90 years.
(3.) It is said that M/s Allahabad Bank Limited, original Lessee, assigned all its rights in disputed land in favour of M/s News Paper Limited. Lease was renewed in 1965 for a period of 30 years and lastly it was renewed vide Lease deed dated 5th December, 1989 with effect from 1st April, 1990 and liable to end on 30th March, 2020.;