Allahabad High Court
Manju Zaki vs State Of U.P. And 3 Others on 18 October, 2019
Bench: Sudhir Agarwal, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 33349 of 2019 Petitioner :- Manju Zaki Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Sudhir Agarwal,J.
Hon'ble Rajeev Misra,J.
1. Heard Sri Ashok Kumar Shukla, learned counsel for petitioner and learned Standing Counsel for State-respondents.
2. By means of this writ petition, petitioner has prayed for following reliefs:-
"I. Issue a writ order or direction in the nature of mandamus directing the opposite parties to issue a demand notice in favour of the petitioner and passed a order getting the land free hold in favour of the petitioner and deed be executed in her favour in respect of and area of 32091 sq. feet of plot no. 97 and 98 situated in Arazi Chawani Park Road Civil Lines Gorakhpur.
II. Issue a writ order or direction in the nature of mandamus or any other writ order or direction in favour of the petitioner restraining the opposite parties not to dispossess the petitioner from the house in dispute plot no. 97 and 98 situated in Arazi Chhawani Park Road Civil Lines Gorakhpur."
3. Dispute relates to nazul land in respect whereof initially a lease was granted in favour of one Syed Kazim Ali Subz Posh on 8.7.1935 for a period of 30 years which expired on 8.7.1965. Original lessee died on 14.8.1965. He had already raised constructions over said leased land. None applied for renewal of lease, hence, State Government did not demolish constructions raised thereon. Taking advantage thereof, petitioner applied for allotmentunder provisions of the Uttar Pradesh Urban Buildings (Resolution of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as 'Act 1972'), and Rent Control and Eviction Officer, Gorakhpur allotted aforesaid vacant house to petitioner on 28.7.1975 on rent. Petitioner deposited Rs. 256728 in Treasury on 22.2.1999 and applied before District Magistrate for converting an area of 32091 sq. feet of land of Arazi No 97 and 98 free hold in her favour.
4. In respect of nazul land, Act 1972 has no application. Further in para (v) of Government Order dated 15.1.2015, it has been stated that by Government Order dated 4.3.2014, provision of Government Order dated 1.12.1998, which provided conversion of nazul land into free hold in favour of tenants, has been deleted. However, it has been provided therein that District Magistrate has been empowered to examine such matters of tenants and in appropriate cases, he may recommend to the Government for conversion of nazul land into free hold. From the facts stated above, it transpires that petitioner's tenancy is confined to building standing on nazul land. She has no right, title or interest over said nazul land. Petitioner is not occupying nazul land in any capacity. Therefore, conversion of nazul land as free hold in her favour does not arise. Hence, writ petition is wholly devoid of merits.
5. Dismissed.
Order Date :- 18.10.2019 Ram Murti