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ROHIT RANJAN AGARWAL
Swami Vivekanand Shishu Mandir – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ROHIT RANJAN AGARWAL, J.
1. Rejoinder affidavit, filed today, is taken on record.
2. Heard Sri G.P. Mishra, learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1 to 4 and Sri A.P. Tewari, learned counsel appearing for all the private respondents.
3. No one has put in appearance on behalf of Land Management Committee, though, notice has been received by the Gaon Sabha.
4. This writ petition has been filed assailing the order dated 28.02.2007 passed by the respondent no. 2-Commissioner, Gorakhpur in revisional proceedings and the order dated 11.06.2019 passed by the Additional Chief Secretary, Government of U.P. cancelling the allotment made in favour of the petitioner, which is an Educational Institution, and also refusing to grant permission for exchange of land.
5. Case, in brief, is that the petitioner-Swami Vivekanand Shishu Mandir is a Junior High School. On 02.03.1989, a resolution was passed by the Land Management Committee allotting 0.020 hectare of land of Plot No. 933 which comprised an area of 0.405 hectare and recorded as Khalihan during the consolidation proceedings. A proposal was sent for approval on 05.06.1989 to the Sub-Division
The court emphasized the limitations on land allotment to educational institutions under the U.P. Zamindari Abolition and Land Reforms Act, 1950, and the discretionary power of the State Government i....
All State Governments in the country that they should prepare schemes for eviction of illegal/unauthorised occupants of Gram Sabha/Gram Panchayat/poramboke/shamlat land and these must be restored to ....
The Divisional Commissioner had the power to examine and cancel the transfer of land, and the petitioner-Society had no legal right to claim allotment of land based on the Trust's decision.
The court affirmed that eviction orders must comply with natural justice principles, ruling the eviction notice invalid as it lacked fair prior notice and disregarded existing proposals for land alie....
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
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