ANAND KUMAR SHARMA Vs. STATE OF U.P.
LAWS(ALL)-2014-2-62
HIGH COURT OF ALLAHABAD
Decided on
February 13,2014
ANAND KUMAR SHARMA
Appellant
VERSUS
STATE OF U.P.
Respondents
Referred Judgements :-
PUBLIC WORKS AND ANOTHER V. HO PO SANG AND OTHERS [REFERRED TO]MOHAMMADI BEGAM SAHIBA,BHOPAL VS. ABDUL MAJIDKHAN [REFERRED TO]
UNION OF INDIA VS. ANGLO AF GHAN AGENCIES CIVIL APPEALS NOS 973 TO 975 OF 1967 THE UNION OF INDIA IN ALL THE APPEALS APPELLANT V OM PRAKASH [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. KAILASH CHAND MAHAJAN [REFERRED TO]
FOOD CORPORATION OF INDIA VS. KAMDHENU CATTLE FEED INDUSTRIES [REFERRED TO]
MADRAS CITY WINE MERCHANTS ASSOCIATION A J JOY RAMANATHAPURAM MADURAI DISTT LIQUOR DEALERS ASSOCIATION VS. STATE OF TAMIL NADU [REFERRED TO]
P T R EXPORTS MADRAS PVT LIMITED VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. INDIAN CHARGE CHROME [REFERRED TO]
UNION OF INDIA VS. R PADMANABHAN [REFERRED TO]
HAWRAH MUNICIPAL CORPORATION VS. GANGES ROPE COMPANY LIMITED [REFERRED TO]
KULDEEP SINGH VS. GOVT OF NCT OF DELHI [REFERRED TO]
KUSUMAM HOTELS P LTD VS. KERALA STATE ELECTRICITY BOARD [REFERRED TO]
J S YADAV VS. STATE OF U P [REFERRED TO]
O P GUPTA VS. STATE OF U P [REFERRED TO]
LAKSHMI AMMA ALIAS ECHUMA AMMA VS. DEVASSY [REFERRED TO]
NAR NARAIN MISHRA VS. STATE OF U.P. [REFERRED TO]
MOHD. JAMAL VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
SHAKTI SINGH YADAV VS. STATE OF U P & OTHERS [LAWS(ALL)-2018-3-506] [REFERRED TO]SHREYAS GRAMIN BANK AND ORS. VS. KASTURI DEVI [LAWS(ALL)-2016-2-158] [REFERRED TO]
VISHWANATH RAI AND OTHERS VS. STATE OF U P AND OTHERS [LAWS(ALL)-2016-5-242] [REFERRED]
ANARKALI VS. STATE OF U.P. [LAWS(ALL)-2019-10-178] [REFERRED TO]
A D PRABHAKAR VS. STATE OF U P & OTHERS [LAWS(ALL)-2016-7-260] [REFERRED]
BIBHUTI KUSHWAHA VS. UNION OF INDIA [LAWS(ALL)-2017-4-134] [REFERRED TO]
PRAYAS BUILDCON (P) LTD. VS. STATE OF U.P. [LAWS(ALL)-2019-5-467] [REFERRED TO]
NARESH KOCHHAR VS. STATE OF U P [LAWS(ALL)-2018-11-234] [REFERRED TO]
STATE OF U.P. AND ORS. VS. MAHAVEER SINGH AND ORS. [LAWS(ALL)-2016-1-83] [REFERRED TO]
PRAYAS BUILDCON PVT. LTD VS. STATE OF U.P. [LAWS(ALL)-2022-8-97] [REFERRED TO]
PRAYAS BUILDCON PVT. LTD. VS. STATE OF U.P [LAWS(ALL)-2020-8-81] [REFERRED TO]
PARSI PANCHAYAT VS. STATE OF U.P. [LAWS(ALL)-2019-10-250] [REFERRED TO]
SANGAM UPNIVASHAN AVAS EVAM NIRMAN SAHKARI SAMITI LTD VS. STATE OF U P THRU P S HOUSING & URBAN PLANNING & ORS [LAWS(ALL)-2018-5-49] [REFERRED TO]
MATA DEEN BHAGWAN DAS VS. STATE OF U.P. [LAWS(ALL)-2020-1-141] [REFERRED TO]
ASHOK TAHILIANI VS. STATE OF U.P [LAWS(ALL)-2019-8-233] [REFERRED TO]
ASHYANA SAHKARI AWAS SAMITI LTD VS. STATE OF U.P. [LAWS(ALL)-2014-5-243] [REFERRED TO]
O.P. GUPTA VS. STATE OF U.P. [LAWS(ALL)-2019-10-331] [REFERRED TO]
DR. UPENDRA NATH SHARMA AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2016-12-89] [REFERRED TO]
ALLAHABAD ANGLO INDIAN ASSOCIATION VS. STATE OF U.P. [LAWS(ALL)-2019-10-179] [REFERRED TO]
PRAKATI RAI VS. STATE OF U.P. [LAWS(ALL)-2019-10-222] [REFERRED TO]
JUDGEMENT
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(1.)This Full Bench has been constituted to answer the following two questions referred by the Division Bench hearing this writ petition.
"1. Whether the application of the petitioner dated 25.7.2005 submitted for grant of freehold right on the basis of the Government Order dated 1.12.1998 (Paragraph 7) and the Government Order dated 10.12.2002 (paragraph 5) was entitled to be considered in accordance with the Government policy as was in existence on the date of application or the Government policy as amended by Government Order dated 4.8.2006, was to be taken into consideration while deciding the application on 18.12.2006?
(2.)Whether the Division Bench judgment in Dr. O.P. Gupta Vs. State of U.P., 2009 4 AWC 4038 lays down the correct law?"
2. Brief facts giving rise to the writ petition and the reference to this Full Bench need to be noted. The State Government formulated a policy to grant a free hold right on Nazul Land by Government Order dated 23/5/1992. The above policy was amended from time to time. The Government Order dated 01/12/1998, was issued for grant of free hold rights on the Nazul Land on the terms and conditions as mentioned in the said Government Order. (Paragraph 7) of the Government Order dated 01/12/1998, also provided for grant of free hold rights to unauthorised occupants on fulfilment of certain terms and conditions. By subsequent Government Order dated 10/12/2002, the policy of granting free hold rights to unauthorised occupants was continued. A clarification was issued to the Government Order dated 10/12/2002 by subsequent Government Order dated 31/12/2002.
(3.)Petitioner's father had made certain constructions on a nazul land. A notice dated 30/6/2002, was issued by the Nagar Palika Parishad asking him to submit an application for grant of freehold right on Plot No.3579 area 160.40 square meters which was said to be in unauthorised occupation of the petitioner.
"1. Whether the application of the petitioner dated 25.7.2005 submitted for grant of freehold right on the basis of the Government Order dated 1.12.1998 (Paragraph 7) and the Government Order dated 10.12.2002 (paragraph 5) was entitled to be considered in accordance with the Government policy as was in existence on the date of application or the Government policy as amended by Government Order dated 4.8.2006, was to be taken into consideration while deciding the application on 18.12.2006?
(2.)Whether the Division Bench judgment in Dr. O.P. Gupta Vs. State of U.P., 2009 4 AWC 4038 lays down the correct law?"
2. Brief facts giving rise to the writ petition and the reference to this Full Bench need to be noted. The State Government formulated a policy to grant a free hold right on Nazul Land by Government Order dated 23/5/1992. The above policy was amended from time to time. The Government Order dated 01/12/1998, was issued for grant of free hold rights on the Nazul Land on the terms and conditions as mentioned in the said Government Order. (Paragraph 7) of the Government Order dated 01/12/1998, also provided for grant of free hold rights to unauthorised occupants on fulfilment of certain terms and conditions. By subsequent Government Order dated 10/12/2002, the policy of granting free hold rights to unauthorised occupants was continued. A clarification was issued to the Government Order dated 10/12/2002 by subsequent Government Order dated 31/12/2002.
(3.)Petitioner's father had made certain constructions on a nazul land. A notice dated 30/6/2002, was issued by the Nagar Palika Parishad asking him to submit an application for grant of freehold right on Plot No.3579 area 160.40 square meters which was said to be in unauthorised occupation of the petitioner.
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