Court No. - 21
Case :- WRIT - C No. - 38121 of 2018 Petitioner :- Smt. Shaukat Ara And 21 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rakesh Pande Counsel for Respondent :- C.S.C.,Abhinav Ojha
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
Supplementary affidavit filed today, is taken on record.
Learned counsel for the petitioner is permitted to add District Magistrate, Gorakhpur as respondent in the writ petition. Amendment in the array of parties be carried out during course of the day.
The petitioners are 22 in number. They have preferred this writ petition for a direction upon the respondents to consider their applications for grant of free hold rights over the land which has been executed in favour of their predecessors in terms of the Government Orders issued from time to time. The reliefs claimed in this writ petition reads as under-
"(a) issue w writ, order or direction in the nature of mandamus directing the respondents to consider the petitioners' application for grant of free hold rights on the disputed plots in accordance with the Government Orders and Government policies dated 04.03.2014 and 15.01.2016 (Annexure-IX and Annexure-X respectively).
(b) issue a writ, order or direction in the nature of mandamus directing the respondents to restrain the respondents from forcibly dispossessing or evicting the petitioners from the disputed premises/plots."
It is stated that the common ancestor of the petitioners Zahurul Hasan son of Mohd. Hasan was granted lease over the certain plots situate in village Jetepur, Tappa Karva, Pargana Haveli, Tehsil Sadar, District Gorakhpur. They have also raised constructions over the said lease plots as per terms of the lease. The State Government in 1999 took a policy decision to grant free hold right over the nazul land in the State. In this regards Government Orders were issued from time to time. The petitioners were also made applications for the free hold rights and also deposited the amount in terms of the existing Government Order.
The grievance of the petitioners is that their applications are not being considered and the respondents have adopted pick and choose policy in considering the applications for grant of free hold rights.
We have heard Sri Rakesh Pandey, learned counsel for the petitioner and Sri Abhinav Ojha who has put in appearance on behalf of sixth respondent. Learned Standing Counsel appears for the State.
With the consent of the parties the writ petition is taken on board and is being disposed of in accordance with the High Court Rules.
Taking into consideration the entire facts and circumstances of the case, we are of the view that interest of justice would be sub-served by issuing a direction to the newly added seventh respondent to take appropriate decision, in accordance with law expeditiously, preferably within a period of three months from the date of presentation of this order. The petitioners are at liberty to file fresh application before the District Magistrate, Gorakhpur along with a copy of this order within two weeks.
We make it clear that we have not expressed any opinion on merits of the case and the authority concern shall pass order independently, in accordance with law.
In the meantime parties are directed to maintain status-quo as exists today.
With the aforesaid directions, this writ petition is disposed of.
Order Date :- 28.11.2018 M.A.Ansari