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2003 Supreme(All) 2615

UMESHWAR PANDEY, M.KATJU
VIRENDRA KUMAR GUPTA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Bharat Pratap Singh, DEEPAK JAISWAL, J.Nagar, N.K.RASTOGI, P.S.Baghel, V.B.SINGH

M. KATJU, J.

( 1 ) THIS petition discloses a great fraud perpetrated by the answering respondents in collusion with the authorities.

( 2 ) THIS writ petition has been filed for a writ of certiorari to quash the impugned order dated 24. 11. 2001 Annexure-1 and for a mandamus directing the respondent Nos. 1 to 3 to forthwith take back possession of the property in dispute from respondent Nos. 8 to 10. It is further prayed that a C. B. I, enquiry be directed against the respondent Nos. 2, 3 and 7 to the writ petition.

( 3 ) HEARD Sri Deepak Jaiswal learned counsel for the petitioner and Sri V. B. Singh learned counsel for the respondents.

( 4 ) THE property in dispute is plot No. 56, area 1 bigha 5 Biswa situate in the city of Mirzapur which belonged to the late Bhairav Prasad Jaiswal who donated the said land for the purpose of an Eye Hospital by executing a Will on 7. 11. 1954 by which he created a trust for the said purpose in which the District Magistrate and one Anil Banerjee were the trustees. After the death of Bhairav Prasad Jaiswal one of his relatives applied for a letter of administration in testamentary Case No. 3/71 (converted to Suit No. 1/72 ). In this case this Court b


















































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