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2018 Supreme(All) 768

A.P.SAHI, SHASHI KANT
COMMITTEE OF MANAGEMENT, DURGA NARAIN COLLEGE AND ADITY KUMARI SCHOOL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Triveni Shanker and Ajay Shanker for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

By the Court.—This writ petition has been filed by the Management of the Durga Narain College and Aditya Kumari School, Tirwa, District - Kannauj through its Manager Kunwar Devendra Narain Singh, which is admittedly a recognized Intermediate College under the U.P. Intermediate Education Act, 1921. The College has its buildings, including classes, farm, hostel and other buildings with land appurtenant thereto, situate in Tirwa District - Kannauj. The buildings spread over a considerable area had been established way back in the year 1923. It is undisputed that it was recognized as an Intermediate College in 1946 and was established by a Society registered under the Societies Registration Act. The challenge raised is to the orders dated 8.12.2008 (Annexure 21 and 22) whereby the land in dispute has been resumed by the State through the Collector/District Magistrate, Kannauj under Section 117(6) of the U.P.Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as “1950 Act”).

2. The institution came to be established by the then Zamindar Raja Durga Narayan


































































































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