Sheo Kumar Singh-I, J.

By means of the present writ petition filed under Article 226 of the Constitution of India the petitioner has prayed to issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 11.02.2014 and 09.04.2014, Annexure 1 & 7 of the writ petition, with further prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned condition in the lease deed for payment of labhansh on each transfer to Nagar Nigam by the lessee or, in alternative, declare the same to be void and inoperative. The petitioner has further prayed to issue a writ, order or direction in the nature of mandamus commanding opposite party no.1, Lucknow Nagar Nigam, to grant permission to the petitioner to transfer his plot on lease without requiring payment of any labhansh which is being illegally demanded by the NagaNigam.

2. The brief facts giving rise to filing of the present writ petition are that on the request of the petitioner a plot bearing no.275 in Eldeco Green, Rafi Ahmed Kidwai Nagar Scheme, located in Gomti Nagar, Lucknow, of the Lucknow Nagar Nigam was leased out in favour of the petitioner for a premium of Rs. 3,28,053/- only. The area of the plot was 298.27 sq. meter on the road having width of 7 meters only in all including road patari vide lease deed dated 24.09.1999. The petitioner requested the authorities concerned to accord their permission to transfer the aforesaid plot to another person vide letter dated 31.12.2013 but the respondent no.1 in an illegal and arbitrary manner issued a letter dated 11.02.2014 to the petitioner whereby Rs. 45,21,771/- had been asked from the petitioner as labhansh for granting him permission to transfer his plot to another person. The petitioner has also submitted that in the lease deed the width of the road has been narrated as 24 meters while it is only 7 meter and this could be verified after taking actual measurement of the plot subsequently by the petitioner after 14 years of executing the lease deed.

3. The main contention of learned counsel for the petitioner relates to condition as laid down in the lease deed at page no.6 which is as follows :-

The lessee shall not be entitled to make any sub division of the said demised premises or to transfer or assign it in parts, though the whole plot as laid out and leased by the lessor may be transferred with previous consent of the lessor in writing on payment of 40% of the increase of market rate than premium period and in case the lessee, him/her assignee or transferee makes any such assignment or transfer all his rights, without first paying the arrears of rent due from him/her to the lessor, such assignee or transferee shall be assignment or transfer.

4. Learned counsel for the petitioner has submitted that the condition as laid down and mentioned above is totally arbitrary, unreasonable, unfair and also against the constitutional provisions.

5. Learned counsel for the respondents has submitted that the petitioner was allotted and leased out residential plot as mentioned above in Eldeco Green, Gomti Nagar, Lucknow, containing the boundaries as 24 meter wide road on north side. The petitioner has concealed this fact by not filing the copy of the lay out plan which the respondents have annexed with the counter affidavit. After receiving the application of the petitioner for transfer of the plot, the Nagar Nigam processed the matter as per prevalent circle rate fixed by the District Magistrate, Lucknow, as per terms and conditions laid down in the lease deed and after deducting the amount deposited while execution of the lease deed, 40% profit (labhansh) amounting to Rs. 45,21,771/- was required to be deposited by the petitioner and as such the same was communicated to the petitioner vide letter dated 11.02.2014.

6. We have gone through the terms and conditions of the lease deed, which has been annexed as Annexure 2 to the writ petition in which paragraph 1 at page 3 say