Remanded

C/M, Adarsh Harijan Bal Vidya Mandir and Another v. State of U.P. and 3 Others

Allahabad HC16 Dec 2020WRIC/22663/2020

Case brief

AI extract

What is this about?

This writ petition challenges an order directing the demolition of a school building run by the petitioners over Gaon Sabha land. The court stayed the demolition order until the pending application for land exchange between the school's current plot and the petitioners' personal land is decided.

What did the court decide?

The impugned order for demolition dated 30.01.2020 passed by the Assistant Collector, Tehsil Sagdi, District Azamgarh is kept in abeyance till the application for land exchange is decided.

C/M, Adarsh Harijan Bal Vidya Mandir and Another… — Education and Admissions | Allahabad HC (2020)

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Court No. - 68

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Case :- WRIT - C No. - 22663 of 2020

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Petitioner :- C/M, Adarsh Harijan Bal Vidya Mandir And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gautam Baghel,Om Prakash Singh Counsel for Respondent :- C.S.C.

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Hon'ble Siddhartha Varma,J.

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The instant writ petition has been filed with the following prayers:

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(A) to issue writ order or direction in the nature of certiorari quashing the impugned order dated 30.01.2020 passed by Respondent No. 4 (filed as Annexure No. 12 page Nos. 62 - 64).

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(B) to issue writ order or direction in the nature of mandamus directing and commanding the respondent authorities not to take coercive action against petitioners institution till finalization of the land exchange proceeding.

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(C) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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(D) Award cost of the petition to the petitioners.

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The record reveals that the petitioners are running an institution by the name of Adarsh Harijan Bal Vidya Mandir, Shivpur, Azamgarh and are imparting educating from Class 1 to Class 5 and there are around 200 students studying in his institution. Further it is evident from the record that the School is being run over Plot No. 1765 which belongs to the Gaon Sabha. The petitioners and the erstwhile manager of the petitioner No. 1 upon coming to know that the School was running over Gaon Sabha land had proposed an exchange with their land situate

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over Plot Nos. 2982, 2286 and 2982 with the Gram Sabha land over which the school was situate. However, while the application under Section 101 of the U.P. Land Revenue Code for the exchange of land was pending, the Assistant Collector, Tehsil Sagdi, District Azamgarh passed an order on 30.01.2020 for the demolition of the construction made by the petitioners over Plot No. 1765.

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Aggrieved by the passing of the order dated 30.01.2020 the instant writ petition has been filed.

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The contention of the learned counsel for the petitioners is that the institution which was running since a very long time could not be demolished in view of the law laid down in 2011(11) SCC 396, Jagpal Singh and others vs. Panjab and Others . Learned counsel for the petitioners further submitted that when an application for exchange of the land over which the School was constructed with the personal Bhumidhari land of the petitioners was pending then also the impugned order could not have been passed. In this regard learned counsel for the petitioners relied upon a decision reported in 2019(3) ADJ 200, Committee of Management, Vishambhar Nath Janta Inter College and Another vs. State of U.P. and Others .

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Learned Standing Counsel and counsel appearing for the Gaon Sabha however in reply submitted that when the School was running over Gaon Sabha land then it had to be demolished and the Assistant Collector had no other option but to order for its demolition.

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Having heard the learned counsel for the petitioners, learned Standing Counsel and counsel for the Gaon Sabha, I am of the view that when the application for the exchange of the land over which the school was constructed with the land of the

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petitioners was pending, the impugned over dated 30.01.2020 should not have been passed.

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Under such circumstances, I direct that till such time the application filed by the petitioners dated 10.01.2018 is decided for the exchange of the land of the petitioners with the land of the Gaon Sabha, the impugned order dated 30.01.2020 passed by the Assistant Collector, Tehsil Sagdi, District Azamgarh for the demolition of the petitioners School situate over Plot No.1785 area 0.18 acre shall remain in abeyance.

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With these observations the writ petition is disposed of.

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Order Date :- 16.12.2020 vkj

C/M, Adarsh Harijan Bal Vidya Mandir and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

C/M, Adarsh Harijan Bal Vidya Mandir and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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