Allahabad High Court
Committee Of Management Kishan ... vs State Of U.P. And 5 Others on 25 May, 2023
Bench: Kshitij Shailendra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:116991
Court No. - 52
Case :- WRIT - C No. - 18086 of 2023
Petitioner :- Committee Of Management Kishan Inter College Asmoli And Another
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- S.M. Iqbal Hasan
Counsel for Respondent :- C.S.C.,Arun Kumar Pandey
Hon'ble Kshitij Shailendra,J.
1. The case of the petitioners' Institution is that in exercise of powers under section 117-A of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950, the land covered by Gata Nos. 554 ? measuring 0.044 hectare, 600 measuring 2.3110 hectare and 601 measuring 0.700 hectare situated in village Asmoli, Pargana and Tehsil Sambhal, District Moradabad was settled in favour of the petitioners' Institution and the said settlement was duly recorded in CH Form 45.
2. Submission is that without there being any order or notification regarding resumption of land in the State or Gaon Sabha as provided under the law, the petitioners are being threatened to vacate the aforesaid property and in this regard the petitioners' Institution has moved representations before the Sub Divisional Officer as well as District Magistrate concerned.
3. This writ petition has been filed for a direction to respondent-authorities not to take possession over the aforesaid land except in accordance with law, with a further direction regarding decision on the representations filed by the petitioners' Institution.
4. Learned Standing Counsel has vehemently opposed the writ petition and has argued that CH Form 45 only mentions that the management of the aforesaid gatas was entrusted upon the petitioners' Institution, however the document does not confer any title upon the petitioners' Institution. He further submits that the petitioners' Institution is letting out the property for financial gains, which is contrary to the rights conferred upon the petitioners' Institution as recorded under CH Form 45.
5. Learned Standing Counsel further argued that no date of such settlement has been disclosed in the writ petition and in paragraph No. 12 of the same, the pleadings are to the effect that the land was donated by Gaon Sabha at the time of establishment of the Institution.
6. There is no dispute about the fact that the Institution is established on Gata Nos. 128 and 129 and not on the aforesaid Gata Nos. 554 ?, 600 and 601.
7. Learned counsel for the petitioners' Institution has placed reliance upon the judgment of Division Bench of this Court in the case of Committee of Management, Durga Narayan College and Aditya Kumari School and others vs State of U.P. and others, reported in 2018 (8) ADJ 10 (DB), in which this Court has elaborately dealt with the provisions of section 117 of the U.P. Zamindari Abolition & Land Reforms Act, 1950 and quashed the notifications, which were issued contrary to the said provisions. The said case was also a case of the educational institutions and entries in CH Form were perused by the Court and discussed in the judgment.
8. Learned counsel for the petitioners' Institution submits that till today, no order or notification has been issued and, therefore, the threats of dispossession are contrary to law.
9. No fruitful purpose would be served in keeping the writ petition pending and, therefore, it is being disposed of with the following directions:
(i) The petitioners' Institution shall file a certified copy of this order before the Collector, Sambhal along with a fresh application and documentary evidence in support of its claim over the land covered by Gata Nos. 554 ?, 600 and 601, within a period of three weeks from today.
(ii) On such application and documents being filed, the Collector shall call upon the reports from the concerned revenue officials including the Land Management Committee of the village Asmoli.
(iii) Thereafter, the Collector shall fix a date for hearing of the matter and after providing reasonable opportunity of hearing to the petitioners' Institution, revenue officials and the Land Management Committee and taking care of the provisions of sections 117, 117-A of the U.P. Zamindari Abolition & Land Reforms Act, 1950 and also judgment of this Court in Committee of Management, Durga Narayan College and Aditya Kumari School and others (supra), the Collector shall pass a reasoned and speaking order, within a period of three months from the date of submission of application by the petitioners Institution as directed herein-above.
(iv) Till the disposal of the matter at the level of the Collector Sambhal, no coercive action shall be taken against the petitioners' Institution in relation to aforesaid Gata Nos. 554 ?, 600 and 601.
Order Date :- 25.5.2023
Sazia
