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2001 Supreme(All) 1145

G.P.MATHUR, V.M.SAHAI
SHAKIRA KHATOON KAZMI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
A.K.Gaur, Ashok Mehta, S.U.KHAN, SANJAY GOSWAMI, Shakeel Ahmad Almi

G. P. MATHUR, J.


( 1 ) THIS petition under Article 226 of the Constitution has been filed for quashing of the government order dated 15. 12. 2000, notice dated 11. 1,2001 and the order dated 24. 8. 2001 passed by the District Magistrate, Allahabad. Parties have exchanged affidavits and therefore, the writ petition is being disposed of finally at the admission stage.

( 2 ) THE dispute relates to plot No. 59, Civil Station. Allahabad, having an area of 1 acre and 4272 sq. yards (9112 sq. yards or 7618 sq. metres ). A lease of the aforesaid plot was granted in favour of Thomas Crowby for a period of 50 years on 11. 1. 1868 by the Secretary of State for India in council and it was signed by the Commissioner of Allahabad Division. A fresh lease was executed in favour of his successors for a period of 50 years on 12. 4. 1923 which was to operate from 1. 1. 1918. With the permission of the Collector, Allahabad, the successors of the lessee transferred their leasehold rights in favour of Purshottam Das in the year 1945. Thereafter, on 31. 10. 1958, the legal representatives of Purshottam Das transferred the leasehold rights in favour of petitioner No. 1 Smt. Shakira Khatoon Kazmi, responde

























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