Hon’ble S.P. Mehrotra, J.—The present Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India, inter-alia, praying for quashing the Judgment and Order dated 29.11.2005 (Annexure-6 to the Writ Petition) passed by the Additional Commissioner (Judicial), Allahabad Division, Allahabad (respondent No. 1) and the Judgment and Order dated 28.3.2005 (Annexure-4 to the Writ Petition) passed by the Sub-Divisional Officer, Khaga, Fatehpur (respondent No. 2).

2. It is, inter-alia, averred in the Writ Petition that the land in question was initially recorded as Naveen Parti, and by resolution of the Gaon Sabha dated 18.9.1969, the Patta was granted for the School in question. Copy of the said Resolution dated 18.9.1969 of Gaon Sabha has been filed as Annexure-1 to the Writ Petition.

3. It is, inter-alia, further averred in the Writ Petition that after the grant of the aforesaid Patta, the name was also recorded in the revenue record by the order of the Sub-Divisional Officer, Khaga in Case No. 754, Junior High School v. Gaon Sabha. Copy of the Order dated 28.7.1970 passed in Case No. 754 has been filed as Annexure-2 to the Writ Petition.

4. It is, inter-alia, further averred in the Writ Petition that since then, the School in question is running over the land in question, and the Junior High School has upgraded to Intermediate College; and that for the welfare of the public at large in the locality, the Graduate College was opened, and the same has also been recognized by the State Government with Art subject; and that for the purposes of Degree College, namely, Ram Swaroop Singh Mahavidyalaya Ayurveda Shiksha Snatak Mahavidyalaya, Arhauli, District Fatehpur, the land in question has been purchased after fulfilling all formalities through Gyan Singh, Manager of the Inter College on 4.9.2002 by registered Sale Deed, and the name has been mutated in the revenue records. Copy of the said Sale Deed dated 4.9.2002 has been filed as Annexure-3 to the Writ Petition, a perusal whereof shows that the said Sale-Deed was executed by Gyan Singh, Manager, Arhauli Inter College, Arhauli in favour of Bachchu Ram Singh, Ram Swaroop Singh Mahavidyalaya Ayurveda Shiksha Snatak Mahavidyalaya, Arhauli, District Fatehpur.

5. It is, inter-alia, further averred in the Writ Petition that an order dated 28.3.2005 (Annexure-4 to the Writ Petition) was passed by the Sub-Divisional Officer, Khaga, Fatehpur (respondent No. 2). By the said Order dated 28.3.2005, the name of Bachchu Ram Singh, Ram Swaroop Singh Mahavidyalaya Ayurveda Shiksha Snatak Mahavidyalaya, Arhauli, (petitioners) was directed to be expunged from the revenue record.

6. It is, inter-alia, further averred in the Writ Petition that no notice or opportunity of hearing was given to the petitioners before passing the said order.

7. It is, inter-alia, further averred in the Writ Petition that as soon as the said Order dated 28.3.2005 came into the knowledge of the petitioners, a revision was immediately filed before the Commissioner, Allahabad Division, Allahabad. Copy of the memorandum of Revision dated 20.5.2005 has been filed as Annexure-5 to the Writ Petition.

8. By the order dated 29.11.2005 (Annexure-6 to the Writ Petition), the respondent No. 1 dismissed the said Revision filed by the petitioners.

9. Thereafter, the petitioners have filed the present Writ Petition seeking the reliefs as mentioned above.

10. A Supplementary Affidavit, sworn on 16.1.2006, was filed on behalf of the petitioners. Photostat copy of the Sirdari Patta dated 12.1.1970 granted in favour of Junior High School, pursuant to the Resolution dated 18.9.1969 of Gaon Sabha, has been filed as Annexure SA-1 to the said Supplementary Affidavit. Photostat copy of Khatauni for the period 1376-1378 Fasli has been filed as Annexure SA-2 to the Supplementary Affidavit, which shows amaldaramad over the land in question in favour of the Junior High School, Arhauli as Sirdar on 10.9.1970.

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