( 1. ) THIS order shall govern the disposal of aforesaid two petitions. Both the petitions have been filed as Probono Publico Petition under Articles 226 and 227 of the Constitution of India.

( 2. ) WRIT Petition No. 5303/06 has been filed by Bhartiya Kishan Sangh district Bhind for the relief that the Indian Council of Agriculture Research new Delhi (for short icar) was establishing a Krishi Vigyan Kendra (for short kvk) in the District of Bhind. Earlier location of this KVK was selected at Lahar, which is a Tehsil place of District Bhind and subsequently the department of Agriculture of State of M. P. has taken a decision to shift the location of KVK from Lahar to the District Headquarter at Bhind. This petition has been filed on the ground that the decision of State Govt. is perfectly legal and justified in shifting the sight of KVK from Tehsil headquarter to District headquarter, therefore directions be issued that the construction work which is in progress of the KVK at district head quarter Bhind may not be stopped.

( 3. ) THE second petition W. P. No. 5364/06 has been filed as PIL by the petitioner, who is a social worker and holding some office in Krishi Upaj Mandi samiti Lahar District Bhind and in this petition prayer has been made that the order of shifting the KVK from Lahar to Bhind by order dated 12-9-2006 (Annexure P-1) be quashed and direction be given that the aforesaid KVK be established only at Lahar district Bhind.

( 4. ) IN both the petitions, we have heard the learned Counsel appearing for the respective parties and also perused the documents. In the order dated 12-9-2006 (Annexure P-l in W. P. No. 5364/06) passed by the Collector District bhind, it has been mentioned that earlier there was a decision for establishing the KVK Centre at Lahar and for that purpose total 20. 33 hectare land was reserved at Lahar and handed over to the District Planning Committee Bhind vide decision dated 24-5-2003 and the same was transferred for the above said purpose. Subsequently under the orders of M. P. Agriculture Department, dated 5th March, 2004, the decision has been taken to shift the aforesaid KVK centre from Lahar to Bhind and M. P. Seed Corporation Bhind has handed over its 20. 144 hectare land to Jawaharlal Nehru Krishi Vishwavidyalaya, Jabalpur and therefore on that basis the Collector has cancelled the allotment of 20. 33 hectare land for KVK at Lahar as the aforesaid land was of Charnoi land, therefore it has further been declared by Collector that the land be treated as charnoi Land.

( 5. ) SHRI R. B. S. Tomar, learned Counsel for the petition in W. P. No. 5364/06 submitted that for establishing the centre at Lahar not only the land was allotted but funds were also allotted for construction and some construction was also raised, but in reply learned Government and the learned Counsel appearing for petitioner as well as respondents in W. P. No. 5303/06 submitted that no construction was raised at Lahar, only centre was established in old building and photographs of old building have been produced before this Court. Their submission is that the land of M. P. Seed corporation has been allotted for the centre at the District place at Bhind and money has been allotted and construction is also going on. They have also produced the photographs of the spot.

( 6. ) IN reply, the stand of the ICAR is that before selecting site, the icar had appointed a committee to inspect the site and on the basis of committees recommendations they have selected Lahar where KVK centre should be established. It is further submitted that the ICAR has opposed the shifting of this KVK centre from Lahar to Bhind and still ICAR is opposing the establishment of such a centre at District Place Bhind. Shri T. C. Singhal, learned counsel for the ICAR submitted that the ICAR has not released any fund for establishment of KVK at Bhind.

( 7. ) FROM the correspondence before us, it appears that there is a dispute between the ICAR and the State