HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35081 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. Supplementary affidavit filed today is taken on record. Petitioner is permitted to implead Divisional Commissionerate, Moradabad Region, Moradabad as one of the respondent. The grievance raised by the learned counsel for the petitioner in the present case is that the land in question falling in arazi no. 64 to 71 and 87 to 89 (old), gat no. 56 and 57 (new) measuring 13 bigha alnd and second arazi gata no. 30 and 31 (old Gata no. 27 and 29 (new) measuring 44 bigha were subject matter of lease executed in the year 1932 in favour of District Magistrate by late father of the petitioner for a period of 90 years that has expired in the year 2022 and since there has been no further renewal granted to the lease, petitioner being legitimate heir and successor of his late father Ahmad Ali Khan, he is entitled to get back possession of lease land . It is contended that as per information obtained under Right to Information Act, 2005, land has not been recorded in the name of Nagar Nigam, Moradabad and since there was lease executed in favour of District Magistrate, Moradabad, hence municipal taxes were recovered from the District Magistrate and accordingly name of successor of original tenure holder could not be recorded. It is further submitted that petitioner in the above regard has already approached the District Magistrate by moving application on 3rd Versus Counsel for Petitioner(s) : Saurabh Srivastava Counsel for Respondent(s) : C.S.C. Sajid Ali Khan .....Petitioner(s) State Of Uttar Pradesh And Another .....Respondent(s) September, 2025 but no decision has been taken taken till date. It is contended that since there was no litigation pending qua land in question in any court of law, with expiry of lease which was for a period of 90 years, the possession of land in question can safely be handed over to the successor of Late Ahmad Ali Khan. Learned Standing Counsel submits that since petitioner has moved application before District Magistrate, Morabdad , the District Magistrate Moradbad may be directed to take decision in the matter. Having considered the argument advanced by learned counsel for the petitioner and having perused the document of lease executed in the year 1932, which was for a period of 90 years, the information received by the petitioner from Municipal Corporation, Moradabad dated 09th January, 2024 and since District Magistrate himself is interested party, we consider it appropriate for the petitioner to make appropriate application before Divisional Commissioner, Moradabad within a period of four weeks from today raising all his grievances and also to his claim for recovery of possession of land in question and in the event he makes any such application before Divisional Commissioner, Moradabad, the Divisional Commissioner, Moradabd shall dispose of the same after affording full opportunity of hearing to the petitioner as well as District Magistrate and after looking to and examining the original records relating to title etc. Appropriate decision shall be taken by the Divisional Commissioner, Moradabad within maximum period of two months from the date of presentation of certified copy of this order alongwith application as directed hereinabove. Needless to add the order to be passed by Divisional Commissioner, Moradabad shall be reasoned and speaking one. However, we may hasten to add that we have not applied our mind to the merits of the case and it will remain open for the Divisional Commissioner, Moradabad to apply its independent mind after perusing the records that are placed before him. October 7, 2025 Sanjeev WRIC No. 35081 of 2025 2 ( Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad