The court emphasized the lack of provision for regularizing unauthorized occupation and the inapplicability of compassionate view due to establishment of a private institution through fraud.

Anjani Kumar Mishra,J.

Heard Sri Dinesh Pathak learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri D.D. Chauhan who has accepted notice on behalf of the respondent no. 1 (Gram Panchayat).

2. This writ petition arises out of proceedings under Section 122-B of the U.P. Zamindari Abolition & Land Reforms Act and seeks quashing of the order dated 27.03.2014 passed by the Tehsildar and the order dated 31.03.2015 passed by the Collector affirming the order of the Tehsildar.

3. The dispute in the writ petition pertains to Plot no. 700 area 1.423 and 243 area 1.393 situated in Village Pokhramay Hasanpur, Tappa- Nawai, Pargana- Nagar Paschim, Tehsil- Haraiya, District- Basti which are recorded as banjar in the revenue records.

4. The defence of the petitioner in these proceedings were that he had been allotted a patta on 23.09.1977 and that a school is running thereon and therefore the notice in Form 49-A was liable to be withdrawn.

5. It appears that the petitioner claimed on the basis of the alleged patta before the consolidation courts. This matter travelled up to this court where a Writ Petition no. 33049 of 2009 (Janta Ucchatar Madhyamik Vidyalay through its Manager and Another Vs Deputy Director of Consolidation, Basti and others) was filed. The respondent no. 2 in the said writ petition was Deena Nath Pandey S/o Satya Narain Pandey. This writ petition was dismissed vide order dated 07.01.2010. The operative portion of the order is quoted here under: -

"Accordingly, it is abundantly clear that petitioners had played fraud to usurp Gaon Sabha property and the reference was rightly accepted by the D.D.C. There is therefore no merit in the writ petition, hence it is dismissed."

6. However, perusal of this order reveals that the name of the petitioner was ordered to be recorded in the revenue records by an order passed by the Assistant Consolidation Officer. The court observed that the Assistant Consolidation Officer has no jurisdiction to pass the order which could have been passed by the Consolidation Officer alone. The court has also referred to the counter affidavit filed on record of this writ petition sworn by the Consolidation Officer wherein it was alleged that no valid allotment took place in favour of the petitioners and Satya Narain Pandey was the Manager of the school as well as Pradhan at the time of the alleged allotment. The court went to hold that in the instant case it was found that in fact no patta was made and secondly if a patta is void-ab-initio then it can be declared as void in other proceedings also. For this purpose reliance was placed on a decision of the Supreme Court rendered in U.P. State Sugar Corporation Vs D.D.C, 2000 (91) RD 165 (SC) = 2000 (38) ALR 798.

7. From a perusal of this judgment it is therefore, abundantly clear that the alleged patta which is the basis of the claim of the petitioner in the instant writ petition has already been held to be fraudulent.

8. Learned counsel for the petitioner has failed to point out anything to show that the order of the writ court dated 07.01.2010 passed in Writ Petition no. 33049 of 2009 has ever been challenged before any forum. Under the circumstances, it would be safe to assume that this order has attained finality and is therefore, binding upon all concerned.

9. The revisional court has referred to the order of the writ court aforementioned, while rejecting the claim of the petitioner. It has further observed that in pursuance of the order of the writ court the name of the Gaon Sabha has been recorded over the land in question and also that there exists no provision for granting a patta in favour of a school and has therefore, dismissed the revision.

10. The only contention of learned counsel for the petitioner is that since an educational institution is running over the land in question and it is the only educational institution available in the area, and the land in question is being used for a public pu