Hon’ble Ashok Bhushan, J.—This Full Bench has been constituted to answer the following two questions referred by the Division Bench hearing this writ petition.

“1. Whether the application of the petitioner dated 25.7.2005 submitted for grant of freehold right on the basis of the Government Order dated 1.12.1998 (Paragraph 7) and the Government Order dated 10.12.2002 (paragraph 5) was entitled to be considered in accordance with the Government policy as was in existence on the date of application or the Government policy as amended by Government Order dated 4.8.2006, was to be taken into consideration while deciding the application on 18.12.2006?

2. Whether the Division Bench judgment in Dr. O.P. Gupta v. State of U.P., 2009 (4) AWC 4038, lays down the correct law?”

2. Brief facts giving rise to the writ petition and the reference to this Full Bench need to be noted. The State Government formulated a policy to grant a free hold right on Nazul Land by Government Order dated 23.5.1992. The above policy was amended from time to time. The Government Order dated 1.12.1998, was issued for grant of free hold rights on the Nazul Land on the terms and conditions as mentioned in the said Government Order. (Paragraph 7) of the Government Order dated 1.12.1998, also provided for grant of free hold rights to unauthorised occupants on fulfilment of certain terms and conditions. By subsequent Government Order dated 10.12.2002, the policy of granting free hold rights to unauthorised occupants was continued. A clarification was issued to the Government Order dated 10.12.2002 by subsequent Government Order dated 31.12.2002.

3. Petitioner’s father had made certain constructions on a nazul land. A notice dated 30.6.2002, was issued by the Nagar Palika Parishad asking him to submit an application for grant of freehold right on Plot No. 3579 area 160.40 square meters which was said to be in unauthorised occupation of the petitioner.

4. The petitioner submitted an application dated 20.7.2005 for grant of freehold right for an area of 188.72 square meters alongwith deposit of an amount of Rs. 66052/- on the basis of self assessment. The said application remained pending. The State Government by Government Order dated 4.8.2006 amended the Government Order dated 1.12.1998 by cancelling paragraph 7 and Government Order dated 10.12.2002 by cancelling paragraph 5 which paragraphs provided for grant of freehold rights to unauthorised occupants. After issue of the Government Order dated 4.8.2006, the Collector rejected the application of the petitioner vide order dated 18.12.2006 informing that in view of the Government Order dated 4.8.2006, the unauthorised occupation cannot be regularised hence, the application dated 25.7.2005 submitted by the petitioner is rejected.

5. When the writ petition was heard by the Division Bench, learned counsel for the petitioner in support of his submission submitted that the application dated 20.7.2005, was required to be considered as per the Government Orders dated 1.12.1998 and 10.12.2002 and the subsequent Government Order dated 4.8.2006 withdrawing the earlier policy of granting freehold rights to unauthorised occupant was not applicable.

6. Learned counsel for the petitioner had placed reliance on the Division Bench judgment of this Court in Dr. O.P. Gupta v. State of U.P. and others, 2009(7) ADJ 285 (DB). The Division Bench hearing the writ petition doubted the correctness of judgment in Dr. O.P. Gupta’s case (supra) and vide order dated 28.5.2013, has referred the above noted two questions to be answered by a larger bench. This matter has been placed before the Full Bench under the orders of Hon’ble the Chief Justice dated 24.7.2013.

7. We have heard Shri P.K. Jain, learned Senior Counsel appearing for the petitioner, Shri C.B. Yadav, learned Additional Advocate General assisted by Shri Shashank Shekhar Singh for the State respondents; Shri H.R. Mishra, learned Senior Counsel has also been heard who has advan