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C/M INTER COLLEGE AILUM versus GAON SABHA & OTHERS

High Court of Judicature at Allahabad

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C/M Inter College Ailum v. Gaon Sabha & Others - WRIT - C No. 7760 of 1984 [2004] RD-AH 722 (3 September 2004)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.51

Civil Misc. Writ Petition No. 7760 of 1984

Committee of Management Inter College,

Ailum, Muzaffarnagar through its president..................Petitioner

Versus

Gaon Sabha, Gram Ailum Pargana Kundla,

District Muzaffarnagar and others                   .............Respondents

Hon'ble V.C.Misra,J.

Heard learned counsel for the petitioner and learned standing counsel on behalf of respondent nos.2 and 3.

The case of the petitioner is that the notice under Rule 151 Gha Form 49 Ka was issued on the basis of the report of Lekhpal dated 10.10.1980 in which it was clearly stated that the land in dispute was allotted under the U.P. Consolidation and Holdings Act for the purpose of School Farm and the Inspector of School vide its letter dated 28.8.1963 had granted permission to the School for imparting the education in Agriculture only on the basis of the entire land being recorded in the name of School Farm.

The Sub Divisional Officer vide order dated 28.4.1982 directed the petitioner to be dispossessed from the land and imposed Rs. One lac as compensation and Rs.3 towards costs to the Gaon Sabha.  The petitioner challenged the order before the Collector in Revision under Section 122 B 4 (a) of the U.P.Z.A. and L.R. Act.  The Collector, Muzaffarnagar set aside the order of the Sub. Divisional Officer dated 28.4.1982, and remanded the case to him to be decided afresh. The matter was reheard and the Sub. Divisional Officer vide its order dated 24.1.1984  again directed the dispossession of the petitioner from the land in question and awarded Rs. One lac as compensation. Against this order dated 24.1.1984, a Revision was again filed before the Collector under Section 122 B 4(a) of the U.P.Z.A. and L.R. Act.  This revision of the petitioner was finally dismissed vide impugned order dated 16.4.1984 by the Collector  (Annexure No. 14 to the writ petition), while disposing off the Revision the learned Collector on the basis of the record came to the conclusion that the land in question was never allotted to the petitioner by the concerned authority or by the Goan Sabha in accordance with law.  It was also held that the land in question belonged to the Goan Sabha and found the petitioner to be in unauthorized possession and occupation.

I have looked into the record and heard the learned counsel for the petitioner at length.  After thorough examination and critical scrutiny of the pleadings relevant evidence  and material on record the respondents no.2 and 3 have arrived at a well reasoned Order dated 24.1.1984 (Annexure No. 13 to the writ petition) and 16.4.1984 (Annexure No.14 to the writ petition) on the basis of   the findings of fact.  The petitioner has not been able to demonstrate before this Court that the findings of fact recorded in the impugned order suffers from any illegality or error apparent on the face of the record.  More so, the said findings of fact being based on relevant material on record are not open to challenge before this Court, while exercising its special and extra ordinary jurisdiction under Article 226 of the Constitution of India.

I do not find any illegality having been committed in passing the impugned orders dated 24.1.1984  and 16.4.1984 (Annexures No.13  and 14 to the writ petition), passed by respondent nos.2 and 3.

In view of the above said facts and circumstances of the case and observations, the writ petition is dismissed.  The stay order dated 22.5.1984 stands vacated. No order as to costs.

Dated: 3.9.2004

pkc


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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