Hon'ble Virendra Kumar Dixit,J.
Notices on behalf of opposite party nos. 1,3 & 5 are recieved by learned Chief Standing Counsel and for opposite party nos. 2 & 4 by Mr. Namit Sharma, learned Advocate.
The petitioner has challenged the notice of eviction dated 06.02.2010 as well as order dated 21.04.2010 by the opposite party no. 4 i.e. In-charge Officer Property Nagar Nigam District-Lucknow on the ground that the petitioner is a lease holder of the land in dispute and he is entitled for settlement of land with him, in the light of Government order dated 06.02.2010 whereas the other sides disputes the lease deed and submits that after 1972 no lease deed was granted to anyone by the Nagar Nigam, therefore, the lease deed executed on 15.02.1976 is a forged document.
Accordingly the validity of the lease deed has also to be adjudicated upon by the concerned authority on the basis of evidence adduced by them. The petitioner is claiming his right of settlement also under the Government Order dated 26.02.2001 which provides the provision for settlement of the land with unauthorised occupant and it is not disputed that the petitioner is the occupant of the said land. The petitioner's such right has not been dealt with by the authority concerned, in the light of the aforesaid Government Order the reason being that he did not claim his right in such way earlier , but since at this stage he claims his right of settlement of the land with him under the aforesaid Government Order, we hereby give liberty to move an appropriate application before the competent authority, who shall deal with the matter in accrodance with law and pass an appropriate order.
It is further provided that the parties shall maintain status quo over the land in dispute till the decision is taken and they are specifically restrained from alienation of the land in dispute till the decision is taken as aforesaid.
With the aforesaid observations/directions, the writ petition is disposed of finally.
Order Date :- 29.6.2010 Sanjeet