Point of Law : Once this Court took cognizance in matter and directed Standing Counsel to seek instructions in matter no question arises for relegating matter under Section 210 of Code on ground of alternative remedy - Subject-matter of transfer shall with effect from the date of transfer, be deemed to have vested in the State Government free from all encumbrances

JUDGMENT :

1. Heard Sri Syed Safdar Ali Kazmi, learned counsel for the petitioner and Sri Ajeet Kumar Singh, learned Additional Advocate General along with Sri Sudhanshu Srivastava, learned Additional Chief Standing Counsel for the State.

2. The present petition has been preferred for quashing of report dated 16.03.2020 submitted by Sub-Divisional Magistrate, Rampur as well as for quashing the order dated 16.01.2021 passed by Additional District Magistrate (Administration) Rampur/respondent No.2 in proceedings initiated under Section 104/105 of the U.P. Revenue Code, 2006 (hereinafter called as “the Code”).

3. The facts, in nutshell, as disclosed in the petition are that petitioner is a Society registered under the provisions of Societies Registration Act, 1860 (hereinafter called as “Act, 1860”) in the year 1995. It was in the year 2005 that State of Uttar Pradesh enacted U.P. Act No.19 of 2006 and thus came into existence the Mohammad Ali Jauhar University Act, 2005 (hereinafter called as “Act, 2005”). The preamble of the Act, 2005 was as under :

“An Act to establish and incorporate a Teaching University sponsored by Maulana Mohammad Ali Jauhar Trust at Rampur in Uttar Pradesh and to provide for matters connected therewith or incidental thereto.”

4. Pursuant to the enactment of Act, 2005, the State Government in exercise of power under Section 154(2) of U.P. Zamindari Abolition & Land Reforms Act, 1950 (hereinafter called as “Act, 1950”) on 07.11.2005 granted permission to Maulana Mohammad Ali Jauhar Trust (hereinafter called as “Trust”) to acquire 400 acres of land against ceiling of 12.5 acres (5.0586 hectare) for establishment of University. The said permission was granted with certain restrictions/conditions, which are as under :

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5. Thereafter, on 17.01.2006, the State Government further permitted the petitioner-Trust to purchase 45.91 acres (18.587 hectare) land. The said permission was in continuation with earlier order dated 07.11.2005 with the same condition. Thereafter, on 16.9.2006, an additional permission for purchase of 25 acres land was granted by the State Government to the Trust with the same conditions as was laid down in the earlier order dated 7.11.2005. Copies of permission granted by the State Government have been brought on record as Annexures 3, 4 and 5 to the writ petition.

6. According to the petitioner-Trust, an inspection was made by Sub-Divisional Officer, Tanda, District Rampur on 28.4.2009 and a report was submitted to the District Magistrate, Rampur wherein it was stated that construction was going on over 24000 Sq.Mts. of land. Details of construction being carried out by the Trust was given in the said report.

7. It was in the year 2020, on report submitted