Disposed

Committee of Management Janta Mahavidyalaya / Janta Madhyamik Vidyalaya and Another v. State of U.P. and 9 Others

Allahabad HC13 Sept 2024WRIC/28634/2024

Case brief

AI extract

What is this about?

Petitioners urged stay on demolition pending appeal under Section 38(4) of U.P. Revenue Code, 2006. Court directed authorities to decide underlying eviction and stay proceedings within specified timelines without adjudicating merits.

What did the court decide?

Directions to Assistant Collector and Additional Commissioner to decide pending appeal and eviction case; stay application to be decided by 30.9.2024.

Committee of Management Janta Mahavidyalaya / Janta… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149825

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Court No. - 52

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Case :- WRIT - C No. - 28634 of 2024

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Petitioner :- Committee Of Management Janta Mahavidyalaya / Janta Madhyamik Vidyalaya And Another Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Krishna Dutt Awasthi,Ram Kishore Pandey

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Counsel for Respondent :- C.S.C.,Hari Narayan Singh

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Hon'ble Vikas Budhwar,J.

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Heard Sri Krishna Dutt Awasthi, learned counsel for the writ petitioners as well as Sri Hari Mohan Srivastava, learned Addl. Chief Standing Counsel, who appears for the respondents no. 1 to 5. Sri Hari Narayan Singh has accepted notice on behalf of respondent no.7.

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In view of the order, which is being proposed to be passed today, notices are not being issued to the respondents no. 6, 8 to 10.

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The case of the writ petitioners is that there happens to be a society registered under the Societies Registration Act, 1860 by the name of Jan Kalyan Shiksha Prasar Samiti, Chandra Nagar, Sehud and the said Society has established two institutions which are recognised by U.P. Intermediate Board and a Degree College is affiliated to Chhatrapati Shahu Ji Maharaj University, Kanpur Nagar. For the purposes of construction of the institution in question the Gata No.484 stood allotted by the Gaon Sabha as per the statute on 15.2.1971 and 28.9.1972 and the total area over which the institutions are being erected is about 10 acres of land.

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According to the writ petitioners certain proceedings stood initiated while treating the Gata No.484 at Gram Sehud being a miljumla and the Gata No.482/2 was created and the same is stated to have been allotted for the purposes of Transit Hostel, Cyber Police Station and Housing facility for Police Officials. According to the writ petitioners ex parte proceedings to be initiated under Section 67 of the U.P. Revenue Code, 2006 (In short Code, 2006) and an order came to be passed on 8.11.2019 for eviction and the damages to the tune of Rs.25 lacs by the Assistant Collector/Tehsildar.

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The writ petitioners claim to have preferred an appeal against the said order along with the delay condonation application which came to be rejected on 21.7.2023 by the Collector/District Magistrate Auraiya, District Auraiya, fourth respondent against which the writ petitioners came to have preferred Writ Petition No.37067 of 2023 which came to be decided on 27.2.2024 while allowing the writ petition remitting the matter back for fresh decision in the light of the decision in the case of the Rishi Pal Singh Vs. State of U.P. 2023 (1) ADJ 154 .

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As per the order of the fourth respondent though the order under Section 67 of the Code, 2006 was affirmed but proceedings were also directed to be initiated under Section 38(2) of the Code, 2006 for correction of the records.

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According to the writ petitioners the proceedings under Section 67 of the Code, 2006 which still pending and the next date fixed was 27.8.2024 and no final order has been passed. As per the writ petitioner on 17.8.2024 the name of the writ petitioners has been directed to be expunged while incorporating the name of the Gram Sabha/Usar. The writ petitioners against the order under Section 38 of the Code, 2006 is stated to have preferred appeal under Section 38(4) of the Code, 2006 before the Additional Commissioner on 21.8.2024 and statements have been made in paragraph no.22 and 23 that till date the regular number has not been allotted and no date has been fixed. However, as per the averments contained in para 28 of the writ petition the said respondent who is posted as Sub Divisional Officer Auraiya,District Auraiya and the ninth respondent Ranveer Singh, Tehsildar Auraiya, District Auraiya without any notice to the writ petitioners have come along with the force in order to demolish the main gate and boundary wall and a room.

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Learned counsel for the writ petitioner submits that once a statutory appeal is pending then the same should be decided and the writ petitioner has an iron cast case since the leases executed in the favour of the writ petitioners is existing till today and has not been terminated and cancelled.

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Learned Standing Counsel as well as counsel appearing for the Gaon Sabha on the other hand submit that whatever might be the case, it is the writ petitioners, who have already taken recourse to the appellate proceedings which are pending under Section 38(4) of the Code, 2006 thus it is for him to pursue the stay application preferred by him.

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Prayer in the present petition is for a direction to the third respondent, Additional Commissioner Kanpur Mandal Kanpur to decide the Appeal No. Nil of 2024 (Jana Madhyamik Vidyalaya vs. Gram Sabha and another purported to be under Section 38(4) of the Code, 2006 stated to have been filed on 21.8.2024 and till the disposal of the appeal demolition exercise be not carried out.

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Having considered the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed of with the following directions (a) the Assistant Collector 1st Class/Sub Divisional Officer, Auraiya, District Auraiya is directed to decide the Case No.817 of 2017, under Section 67 of the Code, 2006 as per the order dated 27.2.2024 passed in Writ-C No.37067 of 2023 within a period of within a period of two months from the date of production of the certified copy of the order; (b) the Additional Commissioner Kanpur Mandal Kanpur is also directed to decide statutory appeal preferred by the writ petitioners under Section 38(4) of the Code, 2006 on 21.8.2024 against the order dated 17.8.2024 within a period of three months from the date of production of the certified copy of the order; (c) the stay application as claimed by the writ petitioners to have been preferred in the proceedings under Section 38(4) of the Code, 2006 on 21.8.2024 is directed to be decided by 30.9.2024 after hearing the respective parties.

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It is always open to the writ petitioners to insist the Competent Authority empowered under the statute that substantial rights have accrued in favour of the writ petitioners on the basis of the claim that the lease granted to them is still in existence while taking aid to the judgment of Hon. Apex Court in Mool Chand Yadav & Anr. v. Raza Buland Sugar Co. Ltd., Rampur & Ors., (1982) 3 SCC 484 .

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Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case.

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With the aforesaid observation, the writ petition is disposed of .

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Order Date :- 13.9.2024 piyush

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Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad

Committee of Management Janta Mahavidyalaya / Janta Madhyamik Vidyalaya and Another v. State of U.P. and 9 Others

Case brief

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Committee of Management Janta Mahavidyalaya / Janta Madhyamik Vidyalaya and Another v. State of U.P. and 9 Others

Case brief

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What did the court decide?

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