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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5254 OF 2010

State of Uttar Pradesh and others

Appellant(s)

versus

United Bank of India and others Respondent(s)

WITH

CIVIL APPEAL NO. 4688 OF 2010

M/s. Amrita Bazar Patrika Pvt. Ltd.

Appellant(s)

versus

M/s. Jvine Development Pvt. Ltd.

and others

Respondent(s)

CIVIL APPEAL NO. 2462 OF 2010

United Bank of India

Appellant(s)

versus

M/s. Jvine Development Pvt. Ltd.

and others

Respondent(s)

CIVIL APPEAL NOs. 1969-1970 OF 2010

Northern India Patrika A.P.K.S. Morcha

Appellant(s)

versus

United Bank of India and others

Respondent(s)

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JUDGMENT

J U D G M E N T

M.Y. Eqbal, J.:

Since all these appeals arise out of a common judgment

and order dated 3.11.2009, they have been heard together and

disposed of by this common judgment.

2.

By the impugned judgment dated 3.11.2009 passed by a

Division Bench of the Allahabad High Court, the writ petition

filed by the writ petitioner United Bank of India was allowed

and necessary directions were issued. Aggrieved by those

directions, the appellants have come to this Court.

3.

In the writ petition No.775 of 1999, the writ petitioner

namely United Bank of India sought the following reliefs:

“a) issue a writ, order or direction in the nature

of certiorari quashing the impugned show cause

notice dated 19.12.1998 contained in Annexure

‘6’ to this writ petition.

b) issue a writ, order or direction in the nature

of prohibition restraining the respondents from

canceling the lease with regard to property

no.19, Clive Road, Allahabad.

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JUDGMENT

c) issue a writ, order or direction in the nature of

prohibition restraining the respondents from

converting the lease of property no.19, Clive

Road, Allahabad, into free hold in favour of any

other person.

d) issue a writ, order or direction in the nature

of mandamus directing the respondents nos.1 to

4 to accept the application and money for

conversion of lease hold rights with regard to

property no.19, Clive Road, Allahabad, into free

hold, as per Government order dated 4.12.1998,

contained in Annexure ‘7’ to this writ petition in

favour of the petitioner bank.

e) issue a writ, order or direction in the nature of

mandamus directing respondents nos.1 to 4 to

renew the lease in respect of the premises No.19,

Clive Road, Allahabad, and to execute the

necessary lease deed with reference to the

decretal rights of the petitioner bank.

f) Issue any other suitable writ, order or

direction which this Hon’ble Court may deem

just and proper in the circumstances of the

case.”

4.

The facts of the case in brief as narrated in the writ

petition are that the property in question i.e. Bungalow no.19,

Clive Road, Allahabad was initially leased out to one Ms.

Mortha Anthony on 11.8.1887 for 50 years and the said period

expired on 11.8.1937. On 7.4.1945, the lease was renewed in

favour of Miss Verna Anthony and Miss Leena Anthony for

another 50 years by the Collector Allahabad, for the Governor

of United Provinces, which was made effective from 1.9.1937,

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JUDGMENT

and as such, the said lease was valid up to 31.8.1987.

Subsequently, on 22.10.1945, the lease was transferred in

favour of M/s. Amrita Bazar Patrika Pvt. Ltd. (in short, “the

ABP Company”) by means of a registered deed. On the basis

of the said transfer deed, a lease deed was executed on

25.07.1949 by the State of Uttar Pradesh in favour of the ABP

Company for 50 years from the first day of September 1937 in

pursuance of G.O. No.1286/XI-780/45 dated 22.03.1947.

Consequent thereupon, the name of the Company was

mutated as lessee in respect of the property situated at 19,

Clive Road, Allahabad in the Nazul property register. The ABP

Company, having its registered office in