Point of Law: Transfer of Property Act, 1882, not to apply to Government Grants.-Nothing contained in the Transfer of Property Act, 1882, shall apply or be deemed ever to have applied to any grant or other transfer of land or of any interest therein, heretoforce made or hereafter to be made, by or on behalf of the Government to or in favour of any person whomsoever; and every such grant and transfer shall be construed and take effect as if the said Act had not been passed.

JUDGMENT :

Sudhir Agarwal, J.

1. Heard Sri Nirvikar Gupta, learned counsel for petitioners and Sri Ajit Kumar Singh, Additional Advocate General assisted by Sri Nimai Das and Sri Sudhanshu Srivastava, Additional Chief Standing Counsel.

2. This writ petition under Article 226 of Constitution of India has been filed by three petitioners namely Hari Babu Jain, Ajit Kumar Jain and Praveen Kumar Jain, all real brothers and sons of Late Sri Panna Lal, resident of 3-A/3, P.D. Tandon Road, Civil Lines, Allahabad. They have prayed for issue of a writ of certiorari to quash order dated 14.08.2018 (Annexure 1 to the writ petition), passed by District Magistrate, Allahabad communicating that State has exercised right of resumption in respect of Nazul land no.127, Civil Station, Allahabad area 2 acres 3947 Sq. Yards. Letter/notice of aforesaid order is addressed to 21 persons including three petitioners, who are at Serial No.5 in the aforesaid notice.

3. Petitioners have also prayed for issue of a writ of mandamus directing respondents 1 and 2 not to dispossess petitioners from area of 1204.23 Sq. Meters, in Bungalow No.3, P.D.Tandon Road, (Old Kanpur Road), Civil Lines, Allahabad, which is part of Nazul Plot No.127, Civil Station, Allahabad and also not to demolish dwelling house and constructions, superstructures, sheds, office etc., raised by petitioners on the aforesaid land.

4. Facts in brief as set out in writ petition are that Nazul Plot No.127, Civil Station, Allahabad (hereinafter referred to as “Disputed Nazul Land”) is a very big plot having area of 2 acres 3947 Sq. Yard i.e. total 11393.53 Sq. Meters. It was initially leased out to one 'E.J.Lazarus' by Secretary of State for India in Council through Collector, District Allahabad vide lease deed dated 02.04.1862. The period of lease was 50 years. After expiry of initial period of 50 years on 01.4.1912, another lease deed was executed on 18.06.1912 for a further period of 50 years and period of lease commenced from 02.4.1912. This lease deed was executed by Secretary of State for India in Council through Collector Allahabad in favour of 'Evelyn Constance Trisham'. The lease was executed for allowing lessee to raise a dwelling house, garden or pleasure grounds. Period of lease expired on 01.4.1962.

5. Disputed Nazul Land was let out by erstwhile lessee i.e. E.C.Trisham to Vishun Nath son of Shambhu Nath and his name was also recorded in Nazul Register. Vishun Nath died in 1958 leaving behind his widow Smt. Jamuna Devi and three sons namely Harihar Nath Dhar, Triloki Nath Dhar, and Sri Dhar. Since lease expired on 01.4.1962, Sri Dhar son of Vishun Nath submitted application dated 04.5.1962 requesting for grant of fresh lease of Disputed Nazul Land. Superintendent Municipal Estates and Nazul Properties, Nagar Mahapalika, Allahabad vide letter dated 26.5.1962 informed him that no subdivision of Disputed Nazul Land would be allowed and all co-lessees have to apply jointly for fresh lease for entire site measuring 2 acres 3947 Sq. Yards. Fresh lease could not be executed, as is evident from letter dated 13.8.1969 sent by Nazul Superintendent, Nagar Mahapalika, Allahabad requiring Smt. Jamuna Devi and Shri Dhar to file affidavit on behalf of all the legal heirs. Heirs of Vishun Nath, however, inducted in 1980, petitioners as tenant over 1204.23 Sq. Yards, allocated in Northern part of P.D.Tandon Road at the rent of Rs.250/-per month. Petitioners raised various constructions etc. over the said land and continuously paid rent to Harihar Nath Dhar, who issued rent receipts being Karta of family. Petitioners constructed wood shop by the main P.D.Tandon Road in which they started a Furniture Showroom in the name of “Shree Digamber Traders”. In the other portion, family members of petitioners were residing. Petitioners are also paying house tax and water tax of property in their possession.

6. S