AJOY NATH RAY, CJ., ASHOK BHUSHAN, J.

( 1 ) LET this matter appear again on Monday as a fresh part heard matter at the top of the group of the fresh matters.

( 2 ) THE allegations in this public interest litigation is that 11 Bhigas of land resumed by the government under Section 117 (6) of the U. P. Z. A and L. R. Act, 1950 is being given at a throw away price of Rs. 7,500/- annual lease rental to one Ram Bachan Yadav Mahavidyalaya which claims to be a self sustaining unaided. There are certain allegations in the petition like in paragraph 8 which are of a political nature, with which we are not concerned at all.

( 3 ) WE are only concerned with the appropriate manner of distribution of government land. The government is like a trustee of government property and should put such property to the best use getting the best reasonable revenue therefrom. As such if a college is to be set up, the reasonable highest lease rental should be obtained from the land in that regard. There is nothing against giving the land to a private institution, if it is appropriately assessed to be the best institution suited for furthering the cause of education in the locality. If, however, there has been no competition invited in that regard, and only one institution has been fixed upon, then and in that event, the reasons for fixing upon such institution should be transparent and manifest and those have to be available to the Court.

( 4 ) CERTAINLY, Mr. Kazmi is hundred per cent reasonable in asking for time for obtaining instructions in this matter.

( 5 ) THE foundation stone is said to be scheduled to be laid very soon perhaps on 10. 5. 2005. We would not like the foundation to be laid by any higher political person if the matter is under dispute before as in a manner which is even oenofely likely to cast any slur upon the government. Assuer, until further orders of the Court, status quo in this matter shall be maintained and the Government Orders in relation to the setting up of the said institution and the giving away of land to the said institution or giving possession to it, should not be further proceeded with.

( 6 ) THIS order is passed without prejudice to the rights and contentions of the parties on our prima facie view only and subject to modification and even wholesale cancellation, on further hearing.

( 7 ) COPY of the order be given as soon as it is corrected and signed. Ajoy Nath Ray, C. J. and Ashok Bhushan, J.

( 8 ) MR. Kazmi appearing for the respondents has filed two affidavits on behalf of his clients today and prayed for vacating the interim order which was passed by us on 6. 5. 2005.

( 9 ) HE has submitted that the writ petitioner, i. e. , the Secretary of the writ petitioner is herself a member of the Land Management Committee of the Sabha which as a whole itself vetted the proposal for establishment of the Ram Bachan Yadav Degree College.

( 10 ) THE resolutions are dated 30. 11. 2004 and 26. 2. 2005. He submitted that these matters have been suppressed in the petition. He further said that the Education Department is fully in charge of the proceedings and the land will continue to vest in the State Government; the college will only be a leaseholder. He further emphasised that on the basis of the Cabinet decisions the proposed five hectare grant of the college has been slashed down by 60%, i. e. , only two hectares have been allotted. According to him it goes to establish the fairness and impartial attitude of the state Government. Had the allegations in paragraph 8 been true at all, there would have been no slashing down of the area of the granted to the college.

( 11 ) REGARDING the lease rental, he submitted that on the basis of the principles laid down under section 245 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 and Government order dated 14. 11. 2004 (the copy of which handed over by Mr. Kazmi, should be kept on the record), the calculation of the rental was wholly in accordance with law. The land being

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