Hon’ble Sudhir Agarwal, J.—Heard Sri Rajendra Pratap Singh, learned counsel for petitioner, learned Standing Counsel for respondents-1 to 4 and Sri Viplav Sharma, learned counsel for respondent-6. None appeared on behalf of respondents-7 to 10 despite service of notice though the case has been called in revised.

2. This writ petition under Article 226 of Constitution of India as Public Interest Litigation has been filed revealing unholy nexus and collusion between State Government officials and certain private individuals for converting State land as freehold land in favour of private individuals in utter disregard of statutory provisions, in a wholly illegal manner.

3. The dispute relates to Plots No. 1453 to 1455, 1457 to 1461 and 1467 having a total area of 12650 square meters situated in the heart of posh locality of Rae Bareli, i.e., Mohalla Ahmedpur, Civil Lines, Rae Bareli. In the revenue record (Khatauni of 1389 Fasli) non-Z.A. Mohal Nazul, land in question having total area of 20 Bhigha, 10 biswa and 10 biswansi. Khata No. 137 was shown in the name of Kailash Chandra son of Hanuman Prasad Agarwal resident of Rudauli, District Barabanki as occupant. In the same Khata number in 1389 Fasli, entry with regard to Gata Nos. 1453 to 1455, 1457 to 1461 and 1467 Fasali, a total area of 12640 square meters was entered in the name of Kamla Nehru Educational Society, Rae Bareli (hereinafter referred to as “Society”) as a tenant for 30 years on a rent of Rs. 1135/- per annum without showing any demarcation.

4. Respondent-6, Sunil Dev, claiming himself to be Secretary of Society got various orders from higher authorities and as a result thereof, freehold deed dated 6.3.2003 was executed in respect of land in Khata No. 137. Aforesaid freehold deed was executed despite the fact that Society could not produce any lease deed executed earlier in its favour by State so as to allow Society to be treated as an ex-lessee or otherwise valid occupant of land in dispute. Several correspondence took place between authorities demanding lease deed from Society to know such lease deed was in fact executed. All the aforesaid transactions have taken place for conversion of a big chunk of nazul land in freehold in favour of Society in collusion with official respondents. Thereafter, now Society, has executed an agreement to sell to respondents-7 to 10 among whom respondent-8 was a Member of Legislative Assembly, respondent-7 is his mother and respondents-9 and 10 are his brothers. Entire exercise is to usurp the State Government’s land in a most illegal and arbitrary manner.

5. Petitioner, therefore, has sought a direction to respondent-3 to take appropriate decision on the recommendation dated 7.7.2011 by Revenue Inspector and Sub Divisional Magistrate cancelled freehold deed dated 6.3.2003 to protect the interest of bona fide occupants of land in dispute.

6. A counter-affidavit has been filed on behalf of respondent-6 through Shri Viplav Sharma, Advocate. It is stated therein that Society was formed in 1969 at Rae Bareli, on initiation of Late Smt. Indira Gandhi, Former Prime Minister, with an objective to develop Rae Bareli, her Constituency, by establishing an educational institution for women.

7. Society for the purpose of discharge of its objectives, sought land from District Administration. In furtherance thereof, State Government issued an order dated 11.3.1974 informing Collector, Rae Bareli, that Government has decided to grant lease of 3.125 acres of land at Village Chak Ahmedpur, Nazul, Civil Lines, Rae Bareli to Society in principle. Therefore, Collector was required to prepare a draft lease document for execution in favour of Society and sent the same for perusal to State Government. It does not appear that any lease deed was executed thereafter and land remained vacant.

8. Collector, Rae Bareli vide letter dated 11.9.1985 informed Society that land in dispute is still lying vacant though grant of lease in favour of Society was