Court No. - 3 Case :- MISC. SINGLE No. - 53 of 2010 Petitioner :- Sarva Dharm Sadbhav And Samajik Utthan Samiti Lko.Through Respondent :- Secy. (Revenue Deptt.-5 ) State Of U.P.Lko.And Ors. Petitioner Counsel :- Tribhuvan Kumar Gupta Respondent Counsel :- C.S.C. Hon'ble Shri Narayan Shukla,J.
Learned Standing counsel raised objection against the maintainability of the
writ petition challenging the locus of the petitioner on the ground that the
petitioner being a non governmental organization has no locus to challenge
the action of the opposite parties for resumption of land bearing Gata No.36,
48, 224 and 256 measuring area 1.655 hectares for construction of Tehsil
building at Jaisinghpur, district Sultanpur as also the order dated 6th of
October, 2009 passed by the Board of Revenue, whereby it has been held that
the land in question has been resumed in exercise of power provided under
Section 117(6) of the U.P.Z.A.& L.R.Act, against which revision is not
maintainable under Rule 219 of the Land Revenue Act.
The petitioner claims himself as a Society and submits that the local residents
of village by issuing a letter have authorized him to file the present writ
petition as they are interested to get established the Tehsil in their village, for
which he submits that a resolution has also been passed by the Gaon Sabha,
but he fails to establish any authority by the Gaon Sabha whereby he has been
authorized to pursue the matter on behalf of the Gaon Sabha, therefore, I am
of the view that the petitioner has no locus to challenge the orders impugned.
In the result the writ petition is dismissed.
Order Date :- 8.1.2010
Banswar