JUDGMENT :

Suneet Kumar, J,

1. Heard Sri Ravi Kant, learned Senior Advocate assisted by Sri Sanjeev Kumar, learned counsel appearing for the petitioners and Sri Ajit Kumar Singh, learned Additional Advocate General assisted by Sri Amit Verma, learned Standing Counsel for the State-respondents.

2. The property in issue pertains to Nazul Plot No. 10 Civil Station, Allahabad (Prayagraj), admeasuring 11761.41 sq. meters. The petitioners claim freehold right of the property.

3. The admitted, facts, inter se, parties are that a lease came to be executed by the State-respondents in favour of Smt. Khetar Dasi for a period of 50 years w.e.f. 1 April, 1914. Thereafter, the afore-noted plot came to be recorded in the name of Lala Mattu Mal in the Nazul register. After the death of Lala Mattu Mal, on the basis of a registered family partition dated 04 December, 1935, area admeasuring 4211 sq. meters, fell in the share of Ganesh Prasad Seth, son of, Lala Mattu Mal. The property devolved on the death of Ganesh Prasad Seth upon his widow Smt. Tara Devi. Smt. Tara Devi executed a Will in favour of petitioners on 26 June, 1972.

4. It is not in dispute, inter se, parties that the terms of the lease expired on 15 March, 1963. As per the stand of the State-respondents the Nazul plot in question was initially allotted to one A.M. Zeller on 16 March, 1863, for a period of 20 years on lease, duly executed by the then Commissioner, Allahabad Division, Allahabad. The lease expired on 16 March, 1930, which came to be renewed for another 50 years w.e.f. 01 April, 1914. On expiry of the lease in 1963, after a lapse of 27 years, the petitioners herein field an application on 28 February, 1999 for freehold rights.

5. As per the State-respondents, freehold rights has already been granted to the petitioners for 1427 sq. meters of the Nazul land on 26 March, 2002. Further, freehold rights on an additional area admeasuring 612 sq. meters was granted to the petitioners on 30 March, 2002. In other words 2084 sq. meters of the Nazul land was made freehold in favour of petitioners. The petitioners claim freehold right on the remaining part of the Nazul plot.

6. It appears that on a part of the Nazul land a building was standing, which was in the occupation of the Department of Food and Supply of Government of Uttar Pradesh, that portion of the Nazul land, the petitioners claim freehold rights from the State. The applications of the petitioners seeking freehold rights on the constructed portion of the Nazul land came to be rejected by the State Government by passing an order dated 12 October, 2006, wherein, it has been noted that the building was in occupation of the Department of the State Government. Consequently, pursuant to the Government Order referred therein, the lease for freehold rights for the land over which building stands cannot be granted to the petitioners. Pursuant to the impugned order, the second respondent District Magistrate, Allahabad (Prayagraj), by order dated 30 November, 2006, resumed the building / land admeasuring 1513.10 sq. meters. The petitioners by the instant writ petition are assailing the afore-noted orders and claim freehold rights on the said portion of the Nazul land.

7. It is submitted that on 28 February, 1999, petitioners filed an application for freehold right for an area admeasuring 1289.20 sq. meters. As per the Government Order, 25% of the self assessment of valuation of the plot came to be deposited by the petitioners vide Treasury Challan No. DP-2 at Rs. 1,54,704/-. Pursuant thereof, a demand notice was issued by the Additional District Magistrate for the balance amount at Rs. 3,16,700.84 for conversion of the Nazul land into freehold. The amount came to be deposited by the petitioners on 05 June, 2000. A proposed freehold deed, thereafter, was supplied to the petitioner by the office of the Additional District Magistrate. On 05 June, 2000, petitioners submitted a freehold deed along with stamp papers. It appears, thereafter, n