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2014 Supreme(All) 1562

DEVI PRASAD SINGH, ARVIND KUMAR TRIPATHI
A. C. GRICE – Appellant
Versus
U. P. AVAS EVAM VIKAS PARISHAD – Respondent


Advocates:
Counsel :
P.N. Mathur, A.K. Jauhari, Akhilesh Kalra and Md. Altaf Mansoor for the Petitioners; C.S.C., K.S. Pawar, Nakul Dubey, P.K. Rai and Sriram Sharma for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—Being aggrieved with the acquisition of the land of a college namely La Martiniere College (for boys) the petitioners have preferred instant writ petition under Article 226 of the Constitution of India. Petitioner Nos. 1 and 2 are the members of Board of Governance of La Martiniere College Lucknow. Petitioner No. 3 belongs to Anglo Indian Community and is an ex student of La Martiniere College, who became the member of Board of governance of the College as the representative of Indian Army. The land belonging to La Martiniere College was bequeathed by Major General Claude Martin who died in the year 1800. The will of Major General Claude Martin was under litigation in the then Supreme Court at Fort William Calcutta (now High Court Calcutta). It is stated that the Court (supra) laid down the scheme under which La Martiniere College (for boys) should be managed by its ‘Trust’. The Board of Governance is the apex committee of the La Martiniere College which supervise and manage the affairs of the ‘Trust’. Chief Secretary of Uttar Pradesh and the Legal Remembrance of the State of Uttar Pradesh are two trustees nominated by Calcutta High Court.

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