JUDGMENT :

Writ Petition:-

1. The present writ petition under Article 226 of the Constitution of India has been filed against the alleged illegal, arbitrary and mala fide resumption of the Gram Sabha land comprising in Gata Nos.467, 468, 509, 554 (new nos.842, 1034, 1039, 1040 and 1175), measuring 3 acres situated in Village Nanakganj Grant, Pargana Gopmau, Tehsil Sadar, District Hardoi for a private trust created by one Radhey Shyam Agarwal, a retired IAS officer, father of Sanjeev Agarwal, opposite party no.5, by the then District Magistrate, Hardoi vide order dated 30.1.1987. It has been prayed in the writ petition to issue a Writ of Mandamus to opposite parties-authorities to hold an independent inquiry into the matter and a direction has been sought for removal of unauthorized/illegal constructions of Maruti Car showroom of Concept Cars Limited over the said land.

Facts of the Case:

2. A private Trust namely, Gyan Yog Charitable Trust was created by late Radhey Shyam Agarwal on 10.9.1986. This Trust was said to have been created for charitable purposes. Main objects of the Trust were to provide help to poor people in education, medical relief and free accommodation and assistance