Hon'ble Dr. Vijay Laxmi,J.
Heard learned counsel for the petitioner. The petitioner contends that he was entitled to grant of freehold rights over the land in question and in the absence of any action being taken by the Nagar Palika Parishad, Khairabad, District Sitapur and the Collector as well as the Nazul Officer the petitioner was compelled to file Original Suit No. 553 of 2014 before the learned Civil Judge (S.D.), Sitapur.
However, on assurance given by the Nagar Palika Parishad authorities the petitioner withdrew his suit that his claim will be considered and an order was passed to that effect on 5.2.2016, copy whereof has been filed along with the writ petition as Annexure no. 21 to the writ petition.
Learned Standing Counsel states that the petitioner having withdrawn his suit now cannot be permitted to file this petition as the suit was dismissed as withdrawn without liberty to file a fresh suit.
Learned counsel for the petitioner contends that a fresh cause of action is available to the petitioner in terms of the Government Order dated 15.1.2015 and the suit had been withdrawn on the assurance given by the Nagar Palika Parishad. The abandonment of the claim, therefore, cannot be presumed so as to bar the claim of any rights that accrued under the Government Order dated 15.1.2015 that came into existence long after filing of the suit.
The aforesaid argument of the learned counsel appears to be correct inasmuch as the claim of freehold rights in the suit was based on the earlier government orders that were rescinded and considerations were made permissible under the Government Order dated 15.1.2015 that admittedly came into existence after the filing of the suit. No cause in the suit was based on the said Government Order, and therefore, it's withdrawal cannot eclipse the right of consideration, if available, of the petitioner under the Government Order dated 15.1.2015.
The writ petition is, therefore, disposed of with a direction to -2- the District Magistrate, Sitapur to consider the request of the petitioner in the light of the Government Order dated 15.1.2015 without being influenced by the withdrawal of the suit within a period of three weeks from the date a certified copy of this order is produced before him.
Order Date :- 22.9.2016 Om.
(Dr. Vijay Laxmi, J.) (Amreshwar Pratap Sahi, J.)