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SALIL KUMAR RAI, ARUN KUMAR SINGH DESHWAL
Ram Pyari Devi – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Shyamal Narayan, the counsel for the petitioners, Sri Ravi Kant Senior Advocate along with Sri Gajendra Pratap, Senior Advocate assisted by Sri Sri Nath Dwivedi, the counsel for respondent no. 4 and Sri Sudhanshu Srivastava, the Additional Chief Standing Counsel for the State-respondent.
2. By way of present writ petition, the writ petitioners have challenged the demand notice dated 24.7.2000 issued by the District Magistrate, Gorakhpur to respondent no. 4 to initiate the proceeding of freehold land of area 43,000 sq. ft. in Nazul Plot No. 103, Mohalla Arazi Chhawani City Gorakhpur. Subsequently, during the pendency of present writ petition, Prayer no. 1A was also added for quashing the sale deed/freehold deed dated 26.7.2000 executed by the District Magistrate, Gorakhpur in favour of respondent no. 4.
3. The factual matrix of the present case is as follows : -
4. The ancestor of the petitioners - late Madan Lal Tekariwal was granted lease of Bungalow No. 07, Gorakhpur (subsequently which was re-numbered as Plot No. 103) which was having total area 66,795 sq. ft. by way of two lease deeds dated 1.11.1954 and another dated 3.12.1954. A
The main legal point established in the judgment is that the grant of freehold rights must be based on factual correctness and adherence to the legal provisions, especially in the context of land dis....
The court ruled that an unregistered lease does not confer rights, and amendments changing the nature of a petition are impermissible if no enforceable rights exist.
Sale deeds executed after the acquisition notification under the Land Acquisition Act, 1894 are void, and subsequent purchasers cannot claim title or challenge the acquisition.
Tenancy rights and renewal conditions defined under the Transfer of Property Act, emphasizing statutory tenancy post-expiration.
(1) Statutory Authority – State Government / or KMDA which is a statutory authority of the State Government, cannot through a subsequent policy alter the conditions of original allotment on the basic....
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