INDIAN SECTION THE THEOSOPHICAL SOCIETY Vs. STATE OF U.P.
LAWS(ALL)-2019-9-236
HIGH COURT OF ALLAHABAD
Decided on September 03,2019

Indian Section The Theosophical Society Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

SAURABH SHYAM SHAMSHERY, J. - (1.) The writ petition has been filed seeking following reliefs :- "(i) a writ of certiorari to send for the records of the case and to quash the orders dated 23.01.2019 passed by the respondent no.2 and the order dated 30.01.2019 passed by the respondent no.3 (Annexure No.13 and 14 respectively to the writ petition). (ii) a writ, order or direction in the nature of mandamus to grant free hold rights to the petitioner on his application dated 31.07.2009. (iii) a writ, order or direction in the nature of mandamus to restore the possession of Nazul Plot in Arazi Chavani, Tappa and Pargana Haveli, Tehsil Sadar, Gorakhpur area 1.35 acres as contained in the leased deed which has been filed as annexure 1 with the writ petition."
(2.) Brief facts giving rise to this writ petition are that :- The petitioner - society is a registered society under the Indian Societies Registration Act, 1860 which is renewed up to 10.10.2020 as per the certificate dated 11.3.2016, issued by the Registrar of Societies Registration, U.P.
(3.) The petitioner - society was granted a lease of nazul plot in Arazi Chavni, Tappa and Pargana Haveli, Tehsil Sadar, Gorakhpur, area 1.35 acres with boundaries described in the lease agreement dated 31.12.1943 under the Government Grants Act, 1895. The term of said lease was for thirty years on the payment of the certain yearly rent with the condition of renewal by every 30 years with the restriction of the term not exceeding the aggregate for the period of 90 years.;


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