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 s