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ANIL KUMAR SINGH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Anil Kumar Singh v. State Of U.P. & Others - WRIT - C No. 10706 of 2002 [2007] RD-AH 11430 (9 July 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

"Court No. 10"

Civil Misc. Writ Petition No. 10706 of 2002.

Anil Kumar Singh

Versus

State of U.P. and others.

...........

Hon'ble Anjani Kumar, J.

Hon'ble Sabhajeet Yadav, J.

Heard learned counsel for the parties.

Petitioner claims to be tenant of the Nazul land of Moradabad Development Authority filed an application claiming right of conversion of freehold right over an area 254.03 sq. metre in Nazul plot No.1047 on the ground that the Government order dated 1st December,1998, whereby a policy of freehold of the Nazul land has been evolved by the State Government, which prescribes that even tenants can get the freehold right converted with regard to the land under the Government Order.  The petitioner further stated that the then Vice Chairman of the Moradabad Development Authority, Moradabad has passed an order dated 21st June, 1997, whereby the aforesaid area of 254.03 sq. metre of Nazul plot No.1047 has been converted into freehold in favaour of petitioner and the petitioner was asked to deposit the charges accordingly.  This order asking the petitioner to deposit the money is dated 30th June, 1997.  The petitioner says that he has complied with the order of depositing the charges and therefore, he is entitled for the conversion of the freehold right from the Nazul land with regard to aforesaid plot being tenant.  

There is no material on record that the said area of 254.03 sq. metre of Nazul plot No.1047 has ever been converted into freehold land in favour of the petitioner.  Mere deposit of the money, as alleged by the petitioner, does not confer any right.  The petitioner's application has been rejected by the Additional District Magistrate (Finance and Revenue), which was passed on the application moved by the petitioner for conversion of freehold.  That under the Government Order dated 1st December, 1998 under which the petitioner claims that being a tenant of Nazul plot he has a right to get a area under his tenancy converted into freehold.  A perusal of the Government Order dated 1st December, 1998 and the subsequent Government Order dated 4th July, 2000 makes it clear the right of conversion of Nazul plot into freehold, which is under the lease of local body or under the management of the local body, has been converted firstly to the local body concerned.  In the present case it is clear from the record that the Nagar Nigam, Moradabad has applied for conversion of freehold right with regard to Nazul plot of which the plot in dispute is a part and that the State Government/Collector has already passed an order converting the Nazul right into freehold right in favour of the Nagar Nigam, Moradabad.   As per the relevant Government Orders, the local body's right is preventive right over the tenants, therefore the petitioner does not get any right to get the freehold of the land in dispute and secondly Nazul right has already converted into freehold in favour of the Nagar Nigam, Moradabad.  Thus, the petitioner has no right whatsoever and the writ petition has no force and deserves to be dismissed.

In view of what has been stated above, this writ petition fails and is accordingly dismissed.  However, there shall be no order as to costs.

Dated :09.07.2007.

Rks.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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