Hon’ble Amitava Lala, ACJ.—By means of the present writ petition the petitioner has sought for the following reliefs:

“(a) to issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 9.8.2001 passed by the Nagar Ayukt/Mukhya Nagar Adhikari, Nagar Nigam, Allahabad (filed as Annexure-4 to this petition); 23.9.2009 passed by the District Magistrate, Allahabad (filed as Annexure-1 to this petition) and orders dated 26.10.2002 and 12.1.2009 passed by the Secretaries, Revenue Department and Urban & Housing Planning Department, Government of U.P., Lucknow (Respondent Nos. 1 and 4) (filed as Annexures-2 and 3 to this petition);

(b) to issue a writ order or direction in the nature of mandamus restraining the Respondents from challenging the title, and right of the Petitioner over the property in question and also restraint the Respondents from taking any steps for disturbing the peaceful possession and ownership of the petitioner over the property in question (i.e. land situated at 5, 7, 9, 11, 13, 15 and 17 Master Zahurul Hasan Road, Madhokunj, Allahabad recorded as occupancy tenancy for dwelling in Nazul Records and also in revenue records in Arazi No. 351/1 under entry 6-kaa);

(c) to issue any other writ, order or direction which this Hon’ble Court may deem fit and proper and in the circumstances of the case;

(d) to award costs of the Petition to the Petitioner.”

2. The dispute involved in the present writ petition centers around the question as to whether the property bearing Khasra No. 353/1, situated at Master Zahurul Hasan Road, Katra (old name Beli Uparhar), Allahabad (in short called as the “land in question”) is a Nazul land or Government Estate land.

3. In order to understand and decide the dispute we have to have at first the factual aspects of the case as submitted by the respective parties before this Court.

4. The brief facts giving rise to the present writ petition, according to the petitioner, are that the petitioner claims himself to be owner and in possession of the land in question. According to the petitioner, the land in question came in possession of his great grandfather, namely, Late Manohar Das consequent to sale held in execution of a Court decree dated 30th April, 1862 passed in Suit No. 135 of 1862 for realisation of debt and since then the same has been recorded as “occupancy tenant” in the records. After completion of consolidation proceedings sometime in the year 1877, the names of the ancestors of the petitioner were shown in the revenue records against land in question and the order passed by the then Collector on 9th July, 1877 clarifies that ‘lagaan’ was wrongly being assessed on the land in question. As per the petitioner, this fact leaves no room for doubt that the land in question was not a Government Estate land. Thereafter name of the predecessors of the petitioner as well as the petitioner has been continuously shown in the records as “occupancy tenant” and they were being treated as “lessee/occupancy tenant” with dwelling rights. However, since there was no written lease in respect of the land in question, the terms were obscure. Subsequently, by virtue of the Government Order No. 3518-XI-28E dated 24th October, 1910 the land in question was recorded in the Register of Government Property (Nazul), Allahabad as “Nazul Property”, occupancy tenant for dwelling house. In order to substantiate this fact, the petitioner has filed photocopy of relevant portion of Register of Government Property (Nazul) issued by the Nagar Nigam, Allahabad, as Annexure-6 to the writ petition.

5. According to the petitioner, in between the years 1926-30 a dispute arose regarding the right of the predecessors of the petitioner while seeking construction of new building on the land in question as at that time the Collector, Allahabad was of the opinion that no construction could be allowed without his permission when the Municipal Board differed with the opinion of the Colle