HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 1577 OF 2008 (MS) Smt. Sadqa Begum ……Petitioner. Versus State of Uttarakhand and another. ….Respondents. Mr. Sudhir Kumar, learned counsel for the petitioner. Mr. K.P. Upadhayay, learned Additional Chief Counsel for the State of Uttarakhand 24th April, 2009 Hon’ble Sudhanshu Dhulia, J. The short question in this writ petition is as to whether the land which is in alleged possession of the petitioner can be converted into free hold by the concerned authorities. The case of the State is that since the petitioner is a tenant, the land cannot be converted into free hold. Moreover, it is also to be seen as to whether the lessee or the heirs of the lessee are also claimants regarding the same on the disputed property. This matter is, therefore, sent back to the District Magistrate, Nainital for reexamination where the District Magistrate shall determine the actual status of the petitioner on the disputed property, who will also make an enquiry and find out as to whether the original lease holder or the heirs of the original lease holder are also interested for conversion of the property into free hold in their name as they would have first right on the property. With these observations, writ petition is disposed of with the direction to the District Magistrate, Nainital to pass appropriate orders. (Sudhanshu Dhulia, J.) 24.4.2009 Avneet