ORDER :

1. Under challenge in this petition under Article 226 of the Constitution of India is the order dated 19.10.2012 passed by the second respondent District Magistrate/Collector, Allahabad with a prayer to grant freehold rights in favour of the petitioner and the other co-lessees in respect of lease hold nazul plot of land No. 124-B, Civil Lines Station, Allahabad.

2. A registered lease deed was executed on 18.12.1948 by the Governor of United Provinces through Commissioner, Allahabad in respect of the aforesaid nazul plot No. 124-B, Civil Lines Station, Allahabad having an area of 1 acre and 931 square yards i.e. 4825.13 square meters in favour of Late Gajadhar Prasad Bhargava, the father of the petitioner, initially for a period of 30 years with the renewal clause for two terms of 30 years each.

3. The aforesaid lease holder of the said land died leaving behind five sons and two daughters including the petitioner. One of his sons Someshwar Nath Bhargava is already dead and is succeeded by his widow Smt. Rajni Bhargava and two daughters Smt. Taru Bhargava and Smt. Radhika Bhargava. Accordingly, at present, the following are the only heirs and legal representatives of Late G.P. Bhargava who are entitled to succeed him:

1. Amarnath Bhargava (Petitioner)

2. Rameshwar Nath Bhargava

3. Pradeep Bhargava

4. Rakesh Bhargava (from 1 to 4 all sons)

5. Madhuri Bhargava

6. Ranjana Bhargava(from 5 to 6 both daughters)

7. Smt. Rajni Bhargava

8. Smt. Taru Bhargava

9. Smt. Radhika Bhargava (from 7 to 9 successors of Someshwar Nath Bhargava)

4. The State Government came out with a scheme for grant of freehold rights in favour of the occupants of the nazul land vide Government Order dated 01.12.1998.

5. The petitioner in accordance with the aforesaid Government Order applied for grant of freehold rights in the aforesaid lease land to the extent of 4370 square meters only as against the total area of 4825.13 suqare meters vide Application No. 2701 dated 12.3.1999 and deposited 25% of the estimated freehold charges i.e. Rs. 3,05,900/-. The aforesaid application of the petitioner was processed and a report was invited from the Nagar Nigam, Allahabad. The Nagar Nigam, Allahabad submitted its report dated 20.11.2001 recommending for the grant of freehold rights in respect of the aforesaid land clearly mentioning that the total area of the plot is 4825.13 square meters whereas petitioner has applied for freehold rights in respect of 4370 square meters only and that the petitioner has submitted consent letters of all the co-lessees. It was also stated that the petitioner as well as the co-lessees are agreeable that the aforesaid land be converted into freehold in the name of all the co-lessees. Since an area of 167.22 square meters has been transferred by one of the co-lessees Smt. Madhuri Bhargava, it may be excluded. The said report further records that the lease in respect of the said land is existing and is to expire on 31.03.2008.

6. The A.D.M. Nazul, on verification of the entire facts and documents, in its report existing on the file reiterates the above facts and that there is no legal impediment in granting freehold rights to the co-lessees and for issuing the demand letter accordingly.

7. However, in spite of above, the respondents failed to issue the demand letter for the balance amount so as to grant freehold rights either to the petitioner or to any of the other co-lessees.

8. The petitioner, therefore, was compelled to file Writ Petition No. 73442 of 2010 which was disposed of on 13.2.2010 directing the District Magistrate to consider and decide the application of the petitioner for freehold rights within a fixed period of time. In compliance of the aforesaid order, the request of the petitioner for freehold rights was rejected on 20.04.2012 by the then District Magistrate. This order was again challenged by the petitioner by filing Writ Petition No. 31544 of 2012. It was allowed on 31.07.2012 and after quashing the impugned order, the matter was r