Allahabad High Court
Yogesh Chandra Bajpai vs State Of U.P. And 4 Others on 27 January, 2021
Bench: Mahesh Chandra Tripathi, Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 21
Case :- WRIT - C No. - 27544 of 2020
Petitioner :- Yogesh Chandra Bajpai
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Udayan Nandan,Ashok Kumar Yadav,Sr. Advocate Shri Shashi Nanadan
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Shashi Nandan, learned Senior Advocate assisted by Shri Udayan Nandan and Shri Ashok Kumar Yadav, learned counsel for the petitioner and Shri B.B. Pandey, learned Chief Standing Counsel for the State respondents.
In view of the order proposed to be passed, notices need not to be issued to the private respondents.
By means of present writ petition, the petitioner is seeking a direction commanding the respondents to decide the application dated 15.05.2008 filed by the petitioner for grant of freehold rights in respect of Nazul Plot no.82, Cantonment, Gorakhpur having an area of 3915 sq. meters within a time bound period. Further prayer has been made to command the respondents to maintain status quo over the property in question and further not to take any steps for demolition of the house in question and also direct them not to interfere in the peaceful possession of the petitioner over the plot in question.
The petitioner is tenant of House no.3, Park Road, Gol Ghar, Gorakhpur (Nazul Plot no.82, Cantonment, Gorakhpur). Initially Shri Purushottam Das was granted lease for 90 years with the obligation to seek fresh renewal after every 30 years. After the death of lessee his heirs failed to get lease executed in their favour. The father of the petitioner Shri L.R. Bajpai had applied for allotment under the provisions of U.P. Urban Building (Regulation of Letting Rent and Eviction) Act, 1972 and the Rules framed, thereunder, and the same was allotted in favour of father of petitioner in the year 1973. Subsequently, the same has been allotted in favour of mother of petitioner and finally after death of mother, the same has been allotted in favour of petitioner on 06.06.1997. On 30.06.1997, the petitioner has moved an application for grant of freehold rights in respect of House no.3, Park Road, Gol Ghar, Civil Lines, Gorakhpur before the District Magistrate. However as the respondents were trying to dispossess the petitioner for construction a parking area, he has moved an application dated 14.12.2018 before the Principal Secretary (Housing).
In support of his submission, Shri Shashi Nandan, learned Senior Advocate has placed reliance on the Government Order dated 15.01.2015, wherein, all tenants who were in possession of any property on the basis of a valid allotment order, were entitled to seek freehold rights in their favour and as such he submits that so far as initial application dated 15.05.2008, which was moved by father of the petitioner will be liable to be considered by the Authority concerned in the light of Government Order dated 15.01.2015. He has also placed reliance on the judgement and order dated 13.02.2014 passed by the Full Bench of this Court in Writ Petition no.41958/2008, Anand Kumar Sharma vs. State of U.P. and other 2014 LawSuit(All)426, wherein, the reference has been answered with following observations:-
"(1)The application of the petitioner dated 25/7/2005 submitted for grant of free hold right on the basis of the Government Orders dated 01/12/1998 and 10/12/2002 was entitled to be considered in accordance with the government's policy as was in existence at the time of passing of the order. The Government Order dated 04/8/2006 was rightly relied on by the Collector while rejecting the application on 18/12/2006.
(2)The Division Bench judgment in Dr. O.P. Gupta's case (supra) does not lay down the correct law insofar as it holds that the application for grant of freehold right is to be considered as per the government policy as was in existence on the date of making application for grant of freehold right."
In this backdrop, Shri Shashi Nandan, learned Senior Advocate submits that the application dated 15.05.2008 is liable to be considered in the light of the aforesaid reference answered by Full Bench of this Court.
The said facts have not been disputed by counsel for the respondents.
In the facts and circumstances of the case, without expressing any opinion on the merits of the case, the writ petition stands disposed of asking the District Magistrate, Gorakhpur to look into the grievance of the petitioner and pass appropriate order on the initial application dated 15.05.2008 and in case the claim is sustainable in law, the matter may be referred to the State Government for taking final decision in the matter.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.1.2021
A. Pandey
