Hon’ble S.U. Khan, J.—Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. This writ petition is directed against judgment and order dated 9.2.2009 passed by D.D.C. Etawah Camp Kanpur in Revision No. 184/507, Heera Lal Inter College v. State and others. Through the said order, revision was dismissed. Revision was filed against order of S.O.C. dated 5.9.2008 passed in Appeal No. 746.

3. The following property is involved in this writ petition:

Plot No. 2266 area 5 bighas

Plot No. 2343 area 4 bighas 12 biswas

(total area 9 bighas 12 biswas)

4. The case of the petitioner was that the Gaon Sabha through resolution dated 31.10.1997 had legally allotted the land to it. The name of the petitioner college was entered in the revenue records by order of C.O. dated 11.6.1998. The land in dispute was earlier entered as Gaon Sabha property and its nature was shown to be usar. Against the order dated 11.06.1998 passed by the C.O., State filed appeal before S.O.C. The S.O.C. in its order dated 05.09.2008 (Annexure-07 to the writ petition) categorically held that in the order of C.O. reference was made to C.H. Form-45, which was prepared at the conclusion of the consolidation operation, hence it was clear that C.O. passed the order after finalization of consolidation proceedings. It was also mentioned that C.O. did not even mention the date of publication under Section-9 of U.P.C.H. Act and no application for condonation of delay was filed.

5. The alleged resolution in favour of the petitioner passed by the Gram Sabha, Binore, dated 31.10.1997 is Annexure-1 to the writ petition. The second proposal mentioned in Annexure-1 was put forward by Shail Kumari, member Gram Sabha to the effect that Heera Lal Inter College was in existence for ten years, hence land must be allotted to it. Thereafter, it was stated that resolution was passed unanimously. Copy of application filed by the petitioner college before C.O. dated 25.11.1997 is Annexure-2 to the writ petition. In the said application, it was stated that land was required for giving practical training to the students in the field of agriculture and for sports and that Gaon Sabha had passed resolution in its favour.

6. Gaon Sabha land can be allotted only with previous approval of S.D.O. Neither in the resolution, there is any mention that approval was granted by S.D.O. nor in the application filed before C.O. there is any such mention. Only a bald statement has been made in Para-4 of the writ petition that allotment was duly approved by Assistant Collector In-charge. Even copy of the proforma in which formal allotment order is passed has not been annexed.

7. On 20.08.2009, learned counsel for the petitioner stated that there were 92 students in the entire college and the college was granted recognition in the year 1992. However, there is no document on record that college is recognised either by U.P. Board of High School and Intermediate or by any other Board. The statement that in the entire college there are only 92 students even if correct clearly shows that even if there is any school, it is only in name. No Intermediate College may be run without recognition. There is absolutely no recognition.

8. Moreover under Rule 115-M of the Rules framed under U.P.Z.A. & L.R. Act, land may be allotted for charitable purposes. However unless there is already a recognised school, no land can be allotted for the purpose of school. While allotting land, requirement of the allottee will also have to be kept in mind. Under Rule 115-M, it is provided that abadi sites may be allotted for construction of building for charitable purpose. Under Rule 115-O, it is provided that maximum area, which may be allotted, is 250 square meters. However, under proviso to the said Rule, it is provided that limit of 250 square meters shall not apply to cases of allotment for construction of building for charitable purpose. Under the said Rule only abadi sites may be allotted. M