RAM CHANDRA CHHOTEY LAL v. DISTRICT MAGISTRATE/COLLECTOR, FARRUKHABAD
2015-09-15
AMAR SINGH CHAUHAN, KRISHNA MURARI
body2015
DigiLaw.ai
JUDGMENT By the Court.—Petitioner, which is a registered partnership firm, has approached this Court seeking the following main reliefs. “(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 2.6.2000 passed by the respondent No. 1 (Annexure 18 to this writ petition). (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to give plot No. 511 area 61.88 in favour of the respondent No. 2. (iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to register the sale-deed in favour of the petitioner with regard to an area 61.88 sqr. Meter of plot No. 511.” 2. The dispute is in respect of plot No. 511, which is a ‘Nazul’ property. Petitioner was allotted an area of 29.35 sq. mtr. of the said land by respondent No. 2, Nagar Palika Parishad, Kayamganj in the year 1986-87 on a monthly rent of Rs. 312.10/- per month which was enhanced to Rs. 359/- per month w.e.f. 1.4.1987. Similarly, the other partner of the firm, Chhotey Lal was allotted a pacca shop, area 25 sq. mtr. standing on the said plot for holding a market twice a week on Thursday and Saturday at the rent of Rs. 8.45/-. Thus, the petitioner was allotted total area of 43.55 sq. mtr. of land, which includes a pacca shop. 3. State Government promulgated a policy for conversion of ‘Nazul’ land into free hold vide order dated 1.12.1998 on payment of usual charges. On an application made by the petitioner, a notice dated 6.12.1997 was issued to deposit the free hold charges. The petitioner objected to it that he was entitled for conversion of an area of 100 sq. mtr. of land and approached this Court by filing Writ Petition No. 44394 of 1998. Thereafter, respondent No. 1 again issued a demand notice dated 20th March, 1998 demanding a sum of Rs. 26,510/- for an area of 14.20 sq. mtr. and Rs. 18,499/- for an area of 29.35 sq. mtr. Thereafter, Writ Petition No. 44394 of 1998 was dismissed as withdrawn on 8.3.2000. Petitioner again approached this Court by filing Writ Petition No. 14002 of 2000, which was disposed of with the direction to dispose of the petitioners’ representation within six weeks. 4.
mtr. and Rs. 18,499/- for an area of 29.35 sq. mtr. Thereafter, Writ Petition No. 44394 of 1998 was dismissed as withdrawn on 8.3.2000. Petitioner again approached this Court by filing Writ Petition No. 14002 of 2000, which was disposed of with the direction to dispose of the petitioners’ representation within six weeks. 4. In pursuance to the aforesaid order, the representation made by the petitioner was considered by the District Magistrate and was disposed vide order dated 2nd June, 2000, which is impugned in this petition. The District Magistrate rejected the claim of the petitioner for conversion into free hold rights of an area of 100 sq. mtr. on the ground that Nagar Palika Parishad, Kayamganj allotted an area of 43.55 sq. mtr. in favour of the petitioner and he is entitled for conversion of the free hold rights for the said area. The District Magistrate has further recorded a finding that in respect of the remaining 61.88 sq. mtr., the Nagar Palika Parishad has deposited the amount for conversion into free hold and in accordance with the scheme promulgated by the State Government, in case, an application for free hold is made by the local body for converting the ‘Nazul’ land into free hold rights in its favour, preference is to be given to it. The District Magistrate, thus, held that the petitioner is only entitled for conversion of free hold rights for an area of 43.55 sq. mtr. of land, which was allotted to him by Nagar Palika Parishad and, in case, he deposits the requisite amount, free hold rights for the said area shall be granted in his favour. 5. A counter-affidavit has been filed by the Nagar Palika Parishad, wherein it has specifically been stated that petitioner was only allotted an area of 43.55 sq. mtr. of ‘Nazul’ land for which he is entitled for conversion of free hold rights and he has no interest or right over the remaining area of 61.88 sq. mtr. 6. It is also categorically stated in paragraphs 16, 17 and 18 of the counter-affidavit that on an application made by the Nagar Palika Parishad and after depositing the amount in Government treasury for an area of 61.88 sq. mtr.
mtr. 6. It is also categorically stated in paragraphs 16, 17 and 18 of the counter-affidavit that on an application made by the Nagar Palika Parishad and after depositing the amount in Government treasury for an area of 61.88 sq. mtr. of the plot in dispute, the same has been made free hold in its favour vide order dated 2.6.2000 and duly registered free hold deed dated 14.3.2001 has been executed in its favour. 7. The petitioner was given only a area of 43.55 sq. mtr. of ‘Nazul’ land on rent by Nagar Palika Parishad in respect of which the consent was given by Nagar Palika Parishad and the said area has been directed to be made free hold in favour of the petitioner. In respect of remaining 61.88 sq. mtr. of land, since the petitioner had no right over the said land and Nagar Palika Parishad made an application for grant of free hold right in respect of the said area in its favour and the Nagar Palika Parishad was to be given preference in the matter of allotment according to the Government Policy, and having exercised the option, the said area has already been declared free hold in its favour. 8. In view of above facts and discussions, we find no reason or illegality in the impugned order warranting any interference. 9. The writ petition, accordingly, fails and stands dismissed.