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 Singh, in his name and his wife Smt. Aditya Kumari by raising several buildings on the land for the purpose of School Classes, hostel as well as agricultural farm etc. which was within his Estate of which he was the Zamindar and the proprietor. The Institution was given recognition in the year 1926 and was upgraded to High School and thereafter was recognized as Intermediate College in 1946.

The Institution is situated on a strategic point on Auraiya-Kannauj Road. The building of the School and other tenements are over several plots including plot No. 623 whereas the Hostel building is over Plot No. 738. Plot No. 623 and 738 are both categorically recorded as ‘Abadi’. Certain other plots are admittedly recorded as tenancy in the name of the Institution as is evident from CH Form 45 prepared under the U.P. CH Act 1953 while making final settlement, copy whereof is Annexure-4 to the writ petition.

3. The dispute in the present case however is with regard to Plot No. 623-Ga and a part of Plot No. 738-M recorded as Abadi. Thus, apart from other land which is already the admitted tenancy of the Institution, these plots which are in the shape of ‘Abadi’ existing even on the date when the Institution was established, continued to be in the occupation of the Institution since long. For this the petitioners have brought on record the Khatauni (record of rights) of 1348 Fasli which records old Plot No. 795 area 20.21 acres as ‘Abadi’. A ‘Khatauni’ is the revenue record of rights. An entry in the ‘Khasra’ which is the record of possession of 1348 Fasli, has been also filed and these documents are Annexure Nos. 6 and 7 respectively to the writ petition. The khasra categorically records Plot No. 795 as ‘Abadi School Angrezi’ (English School). Thus, prior to the abolition of Zamindari, ‘Abadi’ existed and was in occupation of the same School which is established from the said Khatauni and Khasra. The record of rights and record of possession as maintained then in terms of the Land Record Manual continued.

With the coming into effect of the Act, 1950 with effect from 1st July, 1950 all Zamindari and prorietary rights of the Intermediaries including that of Zamindars came to be divested in favour of the State in terms of Section 4 of the Act, 1950 and then vested again after the State became owner under Section 6 of the Act, 1950. However, ‘Abadi’ sites in particular relating to the buildings constructed and tenements standing over the said sites together with the land appurtenant thereto stood vested with whosoever was in ownership or occupation namely the Intermediary or the tenants. Thus, by virtue of Section 9 of the Act, 1950 the said ‘Abadi’ which was in the occupation of the petitioners Institution was that of the Institution and it continued in possession t