Hon'ble Bharat Bhushan, J.—By means of this petition, petitioners have prayed for a writ in the nature of certiorari quashing the impugned order dated 4.4.2011 (Annexure 15) passed by respondent No. 2 District Magistrate/Collector, Allahabad whereby the application of the petitioners/tenants for grant of freehold rights over the Nazul land in dispute has been dismissed. The petitioners also seek a writ, order or direction in the nature of mandamus commanding the respondents not to grant freehold rights in favour of respondent No. 4 over the property in dispute vide their freehold Application No. 2387/1998-99.

2. The brief facts necessary for adjudication of the present dispute are that the Nazul Plot No. 1, 6-Kanpur Road (P.D.Tandan Road), Mauza Beli, Mustakharja, Allahabad (having area 2 acres 4423 square yards) was originally leased out to Sri N. K. Mukherjee by the State Government for a period of 30 years w.e.f. 1.10.1921 vide lease deed dated 27.10.1921. This original lease deed was renewable for two additional periods of thirty years each (Total 90 years) as per terms and conditions of the lease deed. Late N. K. Mukherjee transferred his leasehold rights in respect of the said land/bungalow (area about 2 acres 2979 square yards) to Sri Radhey Shyam Srivastava (father of respondent No. 4), during subsistence of lease, vide registered sale-deed dated 23.2.1948. Subsequently, lease was renewed in favour of father of respondent No. 4 namely Sri Radhey Shyam Srivastava for a further period of thirty years w.e.f 1.10.1951.

3. It is stated that husband of petitioner No. 1 and father of petitioner No. 2 was tenant of the aforesaid bungalow including the appurtenant land (area 2 acres 2979 square yards) since 1948. He died on 6.11.2003 and the petitioners have inherited the tenancy rights.

4. It is stated that late Radhey Shyam Srivastava executed an agreement to sale on 15.11.1969 for the transfer of leasehold rights in favour of Late Narendra Nath Gulati, husband of petitioner No. 1 and father of petitioner No. 2. The said agreement to sale was contingent upon the permission from the Collector/District Magistrate, Allahabad. It was allegedly agreed that after obtaining permission from the Collector the sale-deed will be executed in favour of Late Narendra Nath Gulati. It is further stated that in pursuance of alleged agreement to sale late Radhey Shyam Srivastava applied for grant of permission for the sale of property in question to the Collector, Allahabad on 22.8.1969. He reportedly sent several reminders to the District Magistrate/Collector but permission was not granted during subsistence of lease of the property in question. The said lease expired on 30.9.1981.

5. Sri Radhey Shyam Srivastava, father of respondent No. 4 died on 26.6.1983 leaving behind his wife, three sons and two daughters as his legal heirs and representatives. Widow of late Radhey Shyam Srivastava also died thereafter.

6. According to petitioners, after expiry of lease deed on 30.9.1981, heirs of late Radhey Shyam Srivastava executed an agreement to sale in favour of Pratibha Sahkari Awas Samiti Ltd, 65, Muthiganj, Allahabad through its Secretary Sri Prem Shankar Dubey in respect of property in question for a total sale consideration of Rs. 9.75 lacs. It is further alleged that entire sale consideration has been paid by vendee to the vendors i.e. heirs of late Radhey Shyam Srivastava and in pursuance thereof all rights of heirs of late Radhey Shyam Srivastava over the property in question have been extinguished.

7. Meanwhile, State Government issued various Government Orders framing policies for grant of freehold rights in respect of Nazul land either to the original lessees or occupants of the premises including the statutory tenants. In pursuance of the Government Order dated 3.10.1994 (hereinafter referred as ‘the G.O. 94’) late Narendra Nath Gulati applied for freehold rights in respect of property in question on 6.4.1995 on prescribed form