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Rama Shanker Singh v. District Magistrate, Deoria & Another - WRIT - C No. 16495 of 2007 [2007] RD-AH 5850 (2 April 2007)


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Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

The petitioner, who claims to be the Secretary of Janta Chini Mill Mazdoor Sangh, Gauri Bazar, Deoria has filed this petition for a direction upon the respondents not to open a Navodaya Vidyalaya in the Gauri Bazar, Sugar Factory premises.

It has been stated in the writ petition that M/s. Cawnpore Sugar Works Ltd. which has four Units situated at various places including Gauri Bazar was declared sick under the provisions of Sick Industrial Companies (Special Provisions) Act, 1985 and IFCI was appointed as the Operating Agency to formulate a revival scheme. Under the Rehabilitation Scheme the Gauri Bazar Sugar Factory was to be sold as against the said order an Appeal was filed before the Appellate Authority which was dismissed. However, there is now a proposal to establish a Navodaya Vidyalaya in the said factory. The petitioner apprehends that if the Navodaya  Vidyalaya is established, it would become difficult to sell the factory as a result of which the dues of the workmen would not be paid.

Though we are of the tentative view that the petitioner does not have a locus standi to resist the setting of Navodaya Vidyalaya in the factory but as the petitioner has not brought on record any document to show that Navodaya Vidyalaya is being set up in the factory premises, we decline to entertain this petition at this stage without finally examining about the locus of the petitioner.

The petition is,  therefore, dismissed at this stage.

Dt/- 2.4.2007



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