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2019 Supreme(All) 2774

ANJANI KUMAR MISHRA
Prabhu Bal Shiksha Niketan – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Rajesh Kumar
For the Respondent: C.S.C. and Manoj Kumar Yadav

JUDGMENT :

Anjani Kumar Mishra, J.

1. Heard Shri Rajesh Kumar, learned Counsel for the petitioner and Shri Manoj Kumar Yadav for the Gaon Sabha as also learned Standing Counsel for the State-respondents.

2. The instant writ petition has been filed seeking the following reliefs-

    "(i) to issue a writ, order or direction in the nature of certiorari quashing the entire proceeding of the case No. 3290 of 2017 (Lekhpal Report v. Prabhu Bal Shiksha Niketan Manager Ravindra Singh) under section 67 of the Revenue Court, 2006.

(ii) to issue the writ or direction directing the respondent to pay the damage cost of the School Building which was demolished by the respondent authority illegally without any procedure of law."

3. The facts of the case briefly stated are that in 1988 a resolution was passed by the Gaon Sabha for allotment of plot Nos. 815 area 0.1980 hectare and 819 area 1.00 acre in favour of the petitioner, admittedly a registered society.

4. It is also alleged that the resolution of the Gaon Sabha, which was passed on the ground that their existed no Educational Institution in the village was approved by the Sub-Divisional Officer on 3.2.1989 and the petitioner was mutated.

5. It appea

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