Allahabad High Court
C/M Smt. Ram Dhara High Secondary ... vs State Of U.P. And 4 Others on 1 August, 2019
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - C No. - 14917 of 2019
Petitioner :- C/M Smt. Ram Dhara High Secondary School And Another
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Preet Pal Singh Rathore
Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned standing counsel for respondent Nos. 1 to 4 and Sri Amresh Singh, learned counsel for respondent No. 5.
Learned counsel for the petitioners submitted that respondent No. 5-Land Management Committee leased out a land being Khasra No. 146 area 111/2 hectare (New No. 126) to the father of petitioner No. 2 who was Manager of Educational Society namely Smt. Ram Dhara Shishu Samiti, Budaun (hereinafter referred to as the 'Society') and the then Manager, on 15.08.1987 and 16.05.1988, surrendered the abovenoted lease land in favour of Society and decided to open a Institution namely Smt. Ram Dhara Higher Secondary School, Sanjarpur Road, Ujhani, Budaun (hereinafter referred to as 'Institution') on the said land. Finally the school building was constructed and granted recognition up to High School and is still functioning up to High School. It is further submitted that respondent Nos. 3 & 4 are claiming that the land is situated within the mini industrial area and petitioners were illegally constructed the school building over the said land and recognition of petitioner's Institution was also cancelled by the Basic Education Officer, Budaun vide order dated 27.02.2001. It is further submitted that the said order was challenged by the petitioners by filing Writ Petition No. 16433 of 2001, which was stayed by this Court vide order dated 30.04.2001. It is next submitted under Right to Information Act petitioner no. 2 has obtained information which was provided by respondent No. 4 and it was informed that the said land was allotted to private persons. As petitioners were continuously facing problem, therefore, much earlier in the year 1999, petitioner no. 2 has moved representation dated 1.11.1999 before District Magistrate, but till date, same has not been decided. It is next submitted that as per information given under the Right to Information Act vide order dated 18.02.2019, it appears that respondent Nos. 3 & 4 are going to demolish the said Institution in question. Lastly, it is submitted that a mandamus may be issued to respondent Nos. 2, 3 & 4 not to create any hindrance in the Institution in question.
Learned standing counsel submitted that present petition is not maintainable as petitioners could no demonstrate any order which shows that respondent Nos. 2, 3 & 4 are going to take any action against the petitioner's Institution, which could not be disputed by learned counsel for the petitioners.
Under such facts and circumstances, no mandamus can be issued to respondent Nos. 2, 3 & 4 for not taking any action in the Institution in question. However, it is made clear that respondent Nos. 2, 3 & 4 shall take every action strictly in accordance with law after providing full opportunity of hearing to the petitioners.
At this stage, learned counsel for the petitioners prays for and is permitted to file fresh representation before respondent No. 2 for redressal of his grievance, for which learned standing counsel has no objection.
Considering the facts and circumstances of the case, this petition is disposed of with liberty to the petitioners to move fresh representation before respondent No. 2 and in case any such representation is filed, respondent no. 2 is directed to consider the representation of the petitioners and decide the same strictly in accordance with law within six weeks from the date of production of certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.2 to decide the case of the petitioner after considering the facts as well as relevant Rules and Government Order etc. occupying the field.
Order Date :- 1.8.2019
Sartaj
