SUDHIR AGARWAL,J. - (1.) Allahabad Anglo Indian Association through its Secretary Mr. Larry Adrian Michael French has filed this petition under Article 226 of Constitution of India challenging order dated 31.08.2018 passed by Collector, Allahabad (respondent 2) informing petitioner that State Government has exercised right of resumption/re-entry over disputed Nazul land, therefore, it should be vacated by petitioner within two months failing which possession shall be taken forcibly at the cost of petitioner.
(2.) Dispute relates to Plot no.131, Civil Station Allahabad, area 11 acres 1730 square yards, situate at 9th Thornhill Road.
(3.) Secretary of State for India in Council executed a lease deed dated 07.05.1921 in favour of Anglo Indian Association granting lease of aforesaid Nazul Plot No.131 for a period of 50 years commencing from 12.06.1917. It was said in the lease deed that earlier lease was executed on 12.06.1867 in favour of one Robert Andrew Farhe for a period of 50 years and after expiry of said period a new lease was to be executed, hence, said lease was executed. Several bungalows were constructed over leased land for residence of Anglo Indian persons. Last extension of lease was vide renewal dated 07.03.1984 which commenced from 1967 and expired in 1997. Petitioner then made an application for renewal of lease but the same remained pending and ultimately vide order dated 12.03.2012 respondent-2 cancelled lease granted to petitioner and matter was referred to State Government. A meeting was held in the Office of Secretary, Housing and Urban Planning on 26.11.2015 in which Representatives of Petitioner-Association as also Additional District Magistrate (Nazul) Allahabad and Special Officer on Duty, Allahabad Development Authority (hereinafter referred to as "ADA") participated. Following decision was taken in the said meeting : ...[VARNACULAR TEXT UMITTED]... "(1) Proceeding to be conducted through order of the Government for cancellation of order dated 12.03.2012 of District Magistrate, Allahabad pertaining to cancellation of lease granted to All Indian Anglo Indian Association, Branch Allahabad, which order has been found not to be technically correct. (2) An application shall be presented as per Rules to the District Magistrate, Allahabad by All India Anglo Indian Association, Allahabad Branch (Lease Holder) for renewal of lease. (3) District Magistrate, Allahabad after examining this matter shall make available the factual report along with his recommendation to State Government. Further action shall be taken by State Government after ensuring decision at the level of Competent Authority, on merits under the relevant Rules." (English translation by Court) ;