Court No. - 2 Case :- WRIT - C No. - 582 of 2010 Petitioner :- Vind Bahadur Singh Convent School Respondent :- State Of U.P. & Others Petitioner Counsel :- A.K. Mishra Respondent Counsel :- C.S.C.,P.K. Bhardwaj Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard the learned counsel for the petitioner and perused the record.
By this writ petition the petitioner has prayed for certiorari to quash order
dated 1-10-2009 (Annexure No. 11 to the writ petition) passed by the
respondent no. 6 and the order dated 17-12-2008 passed by the
respondent no. 5. A mandamus has also been prayed commanding the
respondents not to take any action against the petitioner till disposal of
objection dated 4-2-2009 (Annexure No.9 to the writ petition. What has
been challenged in the petition is the letter of Basic Shiksha Adikari
dated 17-12-2009 which has been written to the Regional Assistant
Director, Basic Education, Varanasi Region recommending the
cancellation of of temporary recognition of the Junior High School which
was obtained showing fraudulently the land of plot no.310 which is
recorded as Khel Ka Maidan. Annexure no.8 to the writ petition is the
letter of the District Magistrate to the Basic Shiksha Adhikari informing
that the plot no. 310 which is reserved as Khel Ka Maidan and Panchayat
Bhawan has been illegally encroached by Dharmendra Kumar Singh,
Manager of the Institution, present village Pradhan against whom
recommendation is made for cancellation of recognition. The Sub
Divisional Magistrate has submitted report dated 31-10-2009 to the
District Magistrate, informing that out of plot no.310, 1.50 hectare of
land is reserved for Khel Ka Maidan and 0.004 hectare is reserved for
Panchayat Bhawan and .300 hectare is reserved for Vidyalaya Bhawan
where as said reserved land has been bounded by the petitioner treating it
to be his own land. Learned counsel for the petitioner submits that the
Consolidation Officer has passed the order dated 18-2-2006 Annexure
no. 6 by which plot no. 59 area 0.150 hectare which is bachat land and
has been valued, is reserved as Khel Ka Maidan. He submits that the
consolidation officer is still intact and unless the order is set aside in the
appeal or revision, the petitioner has right to occupy the land which was
reserved as Khel Ka Maidan.
We have considered the submissions made by the learned counsel for the
petitioner and perused the record.
Submission of the petitioner that by the order of the consolidation officer
dated 3-3-2006 the land which was reserved as Khel Ka Maidan can be
utlised for the petitioner which is a private institution and proceed on
misconception. Under the U.P. Consolidation of Holdings Act, 1953,
there is no right with the consolidation authority to reserve any land for a
private institution. The land which was reserved is for the use of the
community. The petitioner got the aforesaid plot reserved as Khel Ka
Maidan and now has come for claiming right as part of the institution
which is a private institution. We therefore find that the authorities in the
present case has rightly recommended for cancellation of the recognition
of the institution which was obtained after showing the aforesaid land as
the land of the institution and it has rightly directed for dispossession of
the petitioner from the said public land. We do not find any error in the
order dated 1-10-2009 and 17-12-2009 challenged in the writ petition.
The orders passed by the District Magistrate to the Basic Shiksha
Adhikari for taking appropriate action as well as letter of the District
Magistrate to the Basis Shiksha Adhikari for cancellation of recognition
is in accordance with law. The action taken by the respondent he
proceeded with by dispossessing the petitioner from public land. The
action of the respondent is absolutely in accordance with law, which does
not warrant any interference. The petitioner’s prayer for withdrawing the
writ petition at this stage has been refused by us. With the aforesaid
observations the writ petition is dismissed.
Learned standing counsel shall communicate this order to the District
Magistrate, Jaunpur as well as the District Basic Education Officer for
appropriate action.
A copy of this order be given to the learned standing counsel for
communication.
Order Date :- 25.1.2010
skv