Hon'ble Piyush Agrawal,J.
Heard Sri Indra Raj Singh, learned counsel for petitioners and learned Standing Counsel for respondents.
The petitioners, at this stage have prayed for mandamus to the respondent authority to decide their pending representation dated 8.8.2009 and the recommendation to the State Government sent by District Magistrate by resolution dated 15.9.2007, expeditiously within stipulated time.
Learned counsel for the petitioners submits that petitioners are running a Post Graduate Girls College namely Gindo Devi Snatkottar Mahila Mahavidyalaya situated at Budaun, which is affiliated by Mahatma Jyotiba Phule Rohilkhand University, Bareilly. He further submits that Budaun is a backward district of Uttar Pradesh and the petitioners' institution is imparting education specifically for girls students up to postgraduates and large number of students belongs to minority community as well as backward class of the society. A registered lease deed was executed in favour of said institution on 14.6.1978 for a period of 30 years with a condition that lease can be extended for further 30 years. Before expiry of 30 years, the petitioners made an application for renewal of lease deed on 19.11.2005 and also made various reminders to the authorities concerned on 18.2.2005 and 8.12.2006. Thereafter District Magistrate, Budaun forwarded a resolution of Nagar Palika Parishad Budaun dated 15.9.2007 to the State Government for renewal of lease deed in favour of petitioner but till date no orders have been passed. On 30.10.2007, the Secretary of Local Bodies of the State directed the District Magistrate to renew the lease deed in favour of petitioners for further 30 years. However the District Magistrate under some misconception has declined for renewal of lease deed in favour of petitioners by the order dated 17.3.2008 and in compliance of the said order, Executive Officer, Nagar Palika Parishad passed an eviction order dated 25.9.2008. When it came to the knowledge of the petitioners, a detailed representation dated 17.10.2008 was made with the prayer to renew the lease deed in favour of the said institution but the same was rejected by order dated 6.8.2009. The petitioner again submitted a representation on 8.8.2009 for renewal of lease deed, which is pending.
He submits that renewal of lease deed has been declined on the basis of Government Order dated 26.7.1995, which prohibits the authorities to sell or lease out the properties of State without obtaining prior approval of State Government.
He finally submits that the respondent authorities be directed to reconsider his representation dated 8.8.2009, which is still pending in pursuance of recommendation to the State Government by resolution dated 15.9.2007.
To the last submission, learned Standing Counsel has no objection.
The Government Order dated 26.7.1995 only provides that any immovable property belonging to Nagar Nigam / local body shall be sold or leased out only with the permission of the State Government.
In view of above facts, no useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder.
The writ petition is disposed of with liberty to the petitioners to make a fresh representation before the competent authority/ State Government within a fortnight from today which shall decide the same, as expeditiously as possible, preferably within six weeks from the date of receipt of this order, by a reasoned and speaking order, in accordance with law, under intimation to petitioner.
Till the disposal of the representation, the petitioners shall not be evicted from the land in dispute.
Order Date :- 25.1.2021 Rahul Dwivedi/-