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2019 Supreme(All) 2634

ANJANI KUMAR MISHRA
Baba Sukkhu Maa Prabhudevi Inter College – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Bhola Nath Yadav, Abhishek Kumar Yadav.
For the Respondent: C.S.C., Manoj Kumar Yadav, Ravindra Nath Yadav.

JUDGMENT :

Anjani Kumar Mishra, J.

1. Heard learned counsel for the parties.

2. Writ petition No.27953 of 2018 arises out of proceedings under Section 67 of the U.P. Revenue Code, 2006 and seeks a writ of certiorari for quashing the order dated 06.07.2018 passed by the Tehsildar ordering eviction of the petitioner and the order dated 04.07.2018 passed by the Collector, Jaunpur affirming the order of the Tehsildar.

3. The case of the petitioner is that on 16.08.1996, a resolution was passed by the Gaon Sabha/ Land Management Committee that plot no.233 area 3.95 and plot no. 232 area 0.40 of village Golhapur, Pargana Anguli, Tehsil Shahganj, District Jaunpur be allotted to the petitioner for establishing a School.

4. Plot no.233 in the resolution is stated to be recorded as pasture land while the plot no.232 is stated to be reserved for plantation of trees but Educational work is being carried out over it.

5. It is stated that on the basis of the aforesaid resolution, on a time barred objection under Section 9, the Consolidation Officer reserved the plots in the name of the petitioner institution. It is stated that thereafter, the School was constructed thereon and as on date about 600 stu

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