ASHOK KUMAR AGARWAL Vs. DISTRICT MAGISTRATE AND OTHERS
LAWS(ALL)-2009-9-119
HIGH COURT OF ALLAHABAD
Decided on September 04,2009

ASHOK KUMAR AGARWAL Appellant
VERSUS
DISTRICT MAGISTRATE Respondents

JUDGEMENT

RAN VIJAI SINGH,J. - (1.) HEARD Shri Yogesh Agarwal, learned counsel appearing for the petitioner. Learned standing counsel appears for the State respondents. Shri K.K. Dube appears for respondent nos. 4, 5/1 to 5/8 and 6.
(2.) BY this writ petition, the petitioner has prayed for quashing the order of the District Magistrate, Lalitpur dated 19.1.2000, rejecting his application for converting lease hold rights over nazul plot No. 3861 area 151.40 square meters with the self assessed deposit of Rs. 11,128/- vide challan No. 47 dated 30.1.1999. The writ petition was amended on an application, allowed by this Court on 12.3.2004, by adding grounds and prayers to quash the free hold deeds dated 3.2.2000 and 7.2.2000 converting a part of the same nazul plot of land into free hold in favour of Shri Suresh Chandra Jain-respondent no. 4, and Shri Padam Chandra Jain-respondent no. 6; and also to quash the order of the District Magistrate dated 24.1.2000, directing Shri Suresh Chandra Jain to deposit the money to convert the land into free hold land.
(3.) AFTER rejecting petitioner's application on the ground, that his title over the land is doubtful, and that he is not in occupation of the land except nine square meters on which he has kept a box, the District Magistrate allowed the application of respondent no. 4-Suresh Chandra, for converting 12 square meters of land in his possession into free hold on 24.1.2000, and also the application of respondent no. 5 for an area 32.70 square meters on 24.1.2000 and the application of respondent no. 6, for 15 square meters on 19.1.2000. All these three pieces of land are part of nazul plot No. 3861 with total area 151.40 square meters. The petitioner had claimed that other persons were his tenants and that they were not entitled for conversion of the portions of the nazul arazi into free hold, specially when he had applied for conversion of the entire land as free hold land in his favour.;


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