The court held that mere possession post-lease expiration does not confer legal rights over Nazul land, allowing State government to resume property for public purposes under existing laws.

JUDGMENT :

Sudhir Agarwal, J.

All these writ petitions relate to Nazul Plot No. 21/17, Chikatpur, Nasibpur Bakhtiyari, Allahabad, area 11906 square meter, and, therefore they are being decided by this common judgment. However, for better understanding, it would be appropriate to refer brief facts stated by petitioners in different writ petitions, separately.

Writ Petition No. 29495 of 2018

2. Writ Petition No. 29495 of 2018 (hereinafter referred to as "WP-1") has been filed by seven petitioners, namely, Smt. Prakati Rai, Smt. Sangita Shukla, Smt. Vandana Rai, Smt. Rachna Rai, Km. Shakti Saran Singh, Km. Samapika Saran Singh and Km. Shivangi Saran Singh, daughters of late Sureshwari Saran Singh, praying for issue of a writ of certiorari quashing notice/order dated 14.08.2018 (Annexure-13 to writ petition) passed by District Magistrate, Allahabad and also State Government's order dated 19.06.2018, published in official gazette dated 09.08.2018. Petitioners have also sought a writ of mandamus commanding respondent-authorities to consider petitioners' application dated 30.01.1999 for grant of freehold rights over property in dispute in accordance with law and to restrain Respondents-1, 2 and 3 from evicting petitioners from property in dispute.

3. A lease in respect of Nazul land, Bungalow No. 17, Thornhill Road, area 2 acres and 4561 sq. yards was executed by Governor of United Provinces in favour of Rai Bahadur Bindeshwari Saran Singh on 22.04.1890 with effect from 01.10.1886, for a period of 50 years, on monthly rent of Rs. 90/-. A renewal Lease Instrument was executed for a further period of 50 years commencing from 01.10.1936 in favour of Sureshwari Saran Singh, Jagdambika Saran Singh, Brijeshwari Saran Singh and Badreshawari Saran Singh on the same terms as stated in original lease deed dated 22.04.1890. Sri Bindeshwari Saran Singh died in 1942. After his death, property in dispute devolved upon his four sons namely, Maheshwari Saran Singh, Jagdishwari Saran Singh, Bisheshwari Saran Singh and Jagdambika Saran Singh and each got 1/4 share. Maheshwari Saran Singh died on 15.2.1960 and his son Sureshwari Saran Singh died on 28.05.1979. His wife Smt. Smriti Saran Singh moved an application on 06.02.1995 for mutation of her name in place of late Sureshwari Saran Singh in respect of plot in dispute alongwith her daughters, i.e., petitioners. Reminders were given on 01.05.1995, 05.07.1995, 06.07.1995, 14.07.1995, 03.08.1995, 19.04.1996 and 09.06.1998. District Magistrate, Allahabad made an inquiry and found family tree of Sri Bindeshwari Saran Singh as under: