MAHESH YADAV Vs. SARDAR PATEL MEMORIAL COLLEGE

JUDGEMENT

(1.) Leave granted.

(2.) The dispute centres around 4 acres of land out of the total area of 18.40 acres situated in Mauza Hajipur Makhdumpur, PS 114, Khata No. 63, Khasra No. 539. It appears that in the year 1978, this 4 acres of land was leased out to Sardar Patel Memorial College (hereinafter referred to as "the College"), an educational institution. It is stated at the Bar by the learned counsel for the College that initially this College was an affiliated college but later on it has been taken over by the State Government. The fact remains that on the leased land the College intended to raise construction which was obstructed to by certain persons. The College sought for police aid being given so as to peacefully raise the construction. That aid was provided, but later on withdrawn. The College filed a writ petition registered as CWJC No. 3999 of 2002. A learned Single Judge of the High Court formed an opinion that so long as the lease in favour of the College stood valid and was not recalled or cancelled, till then the College could not be prevented from carrying on its lawful activities on the land. By order dated 29.10.2002, the learned Single Judge directed a writ to issue commanding the State Government through its officers to provide police protection to the petitioner College and to see that its construction activity proceeds ahead in accordance with law and if the College has been dispossessed from any part of the land in its possession by unauthorised persons, then the possession is restored from such third parties to the petitioner College.

(3.) It seems that one Mahesh Yadav had sought for intervention at the hearing of the writ petition. The High Court formed an opinion that the intervention was uncalled for and was at the instance of a person who was just an intermeddler having no interest in the property.