Failure to renew lease deeds and unauthorized commercial use of property led to dismissal of the writ petition.

1. We have heard Dr. G.S.D. Mishra, learned counsel appearing for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Anil Tiwari appears for Nagar Nigam, Bareilly.

2.It is submitted that the petitioner is the son and legal heir of late Shri Dharm Dutt Vaid-the lessee of plot Nos. 82 to 85 area 10376-2/3 square yards situated at Udaipur Khas in the city of Bareilly. The lease deed for charitable purposes for plot nos. 82 to 85 was executed in the year 1945 for a period of 90 years renewable, every 30 years. The other lease deed, also for charitable purposes for plot nos. 86 and 89 was executed on 28.6.1952 for a period of 90 years renewable, every 30 years. The lease deeds stipulated that the land shall be used for Ayurvedic hospital in which free-treatment will be given to general public.

3. The petitioner's father died on 4.11.1989. It is stated by the petitioner that on the death of his father, he acquired knowledge of the terms of lease deeds and its stipulation for renewal every 30 years. His father was elected as Member of Legislative Assembly in the years 1952, 1957, and for the third time in 1962. He was a freedom fighter and a renowned social worker of district Bareilly. He had not applied for renewal of lease deeds on due dates. The petitioner searched out the papers of renewal and did not find any paper other than a document dated 9.9.1993, by which the petitioner had sent letters to Nagar Nigam, Bareilly informing that his father expired on 4.11.1989. The application for renewal was misplaced.

4. In his letter and application dated 9.9.1999 to the Mukhya Nagar Adhikari, Nagar Nigam, Bareilly annexed as Annexures 5 and 6, the petitioner stated that the leases have been renewed and in that respect correspondence was made with the Nagar Nigam, his father died on 4.11.1989, of which the death certificate is annexed. The petitioner thereafter requested that he is the heir of late Shri Dharm Dutt Vaid, and is unable to find the papers of renewal. He requested for an order so that the petitioner may deposit the necessary fee for getting the copies of documents of renewal.

5. In his letter dated 2.12.2002 annexed as Anneuxre-7, the petitioner changed his stand and made an application to the Mukhya Nagar Adhikari, Nagar Nigam, Bareilly stating that the lease was executed on 10.10.1949. The petitioner's father had complied with the terms of the lease and according to the conditions of lease, his father had got the lease deed renewed in 1979 for a period of 30 years upto 2009. The petitioner had deposited the lease rent upto the year 1999, but that after 1999, the Corporation is not allowing the deposit of lease rent. He requested for deposit of lease rent after 1999 and to make the documents of renewal available to him.

6. By this writ petition, the petitioner has prayed for following reliefs:-

"(i) issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to consider the petitioner's grievances as contended in his representation dated 2.12.2002 (as Annexure-7 to this writ petition).

(ii)issue a writ, order or direction in the nature of mandamus directing the respondents to not create any hindrance of peaceful possession over the plot nos. 86 to 89 situate at Udaipur Khas, Distt. Bareilly.

(iii) issue a writ, order or direction in the nature of mandamus directing the respondents to renew the petitioner's lease and accept the yearly rent to the petitioner when it become due.

(iv) issue a writ, order or direction in the nature of mandamus directing the respondents to not take any coercive action against the petitioner's plot no. 86 to 89 situated at Udaipur Khas, Distt. Bareilly."

7. In the supplementary counter affidavit of Shri Dinesh Gupta filed on behalf of Nagar Nigam, Bareilly, the facts, which were not disclosed by the petitioner, have been brought on record. It is stated in paragraphs 5 to 25 as follows:-

"5. That the then Minister Sri Dharm Dutt Sharm