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2006 Supreme(All) 490

SAROJ BALA, R.K.AGRAWAL
MOHD. ATIQ ULLAH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
K.L. Grover, R.K. Paul and Ramesh Singh for the Petitioner; C.S. Singh, Chief Standing Counsel and R.K. Saxena, S.C. for the Respondents.

JUDGMENT

Hon’ble Mrs. Saroj Bala, J.—By means of the present writ petition, under Article 226 of the Constitution of India, the petitioner seeks a writ, order or direction in the nature of certiorari for quashing the impugned order dated 3.8.1995 (Annexure-XI to the writ petition) passed by the Additional District Magistrate (Nazul), Allahabad, respondent No. 3. The petitioner also seeks a writ, order or direction in the nature of mandamus commanding the respondents to convert the lease hold rights into free hold rights and to refund the excess amount of Rs. 2,94,225/-.

2. The back up facts leading to the writ petition are these :

The U.P. State Government issued a Government Order dated 23.5.1992 (Annexure-I to the writ petition) announcing a policy for conversion of lease hold rights into free hold rights on depositing the assessed amount at the rates and manner prescribed therein. The petitioner moved an application on 16.1.1993 (Annexure-II to the writ petition) for conversion of the lease hold rights in Nazul land measuring 8001.41 sq. meter land situate at Bungalow No. 28/20, Sarojani Naidu Marg, Allahabad into free hold rights for the purpose of Group Housing Scheme. According


















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