YOG SANSTHAN Vs. COLLECTOR MORADABAD

JUDGEMENT

(1.) Heard Sri D. V. Jaiswal, counsel for the petitioner.

(2.) This writ petition has been filed by the petitioner praying for issue of a writ of certiorari quashing the Order dated 22.3.2001 passed by the Collector, Moradabad and the Order dated 1.8.2001 passed by the Commissioner, Moradabad.

(3.) The facts of the case as emerge from the pleadings of the parties are : Petitioner claimed to be a registered society registered under the Societies Registration Act. Land Management Committee, Lakari Fazalpur, tahsil and district Moradabad passed a resolution on 30.12.1993 for allotment of 0.62 decimals land of plot No. 1549 which was recorded as 'rasta' in favour of the petitioner. The said resolution is claimed to have been approved by the Sub-Divisional Officer on 12.9.1994. The petitioner has further claimed that the Consolidation Officer vide his Order dated 27.5.1996 also directed that the name of the petitioner be recorded over plot No. 1549 area 0.62 decimals who Ordered that from 0.62 decimals the name of Gaon Sabha ('rasta') be expunged and the name of Yog Sansthan, Sansthapak Sri Prahalad Narain Khanna son of Munna Lal Khanna resident of Bartan Bazar. Moradabad be recorded. Respondent No. 4 filed an application under Rule 115P of U.P. Zamindari Abolition & Land Reforms Rules before the Collector for canceling the allotment In favour of the petitioner. The allegation in the application was that the land is recorded as rasta and by allotment of this land 'rasta' will come to an end. It was further alleged that the respondent No. 1 is not an eligible person and procedure for allotment was not followed. An objection was filed by Prahalad Narain Khanna Founder of Yog Sansthan. It was stated in the objection that objector is only Founder and Director and the application ought to have been filed against Yog Sansthan. It was stated that the land is left out from the land of 'rasta' and is not being used as 'rasta'. It was stated that the Yog Sans than is a charitable society. It was further stated that the complainant is not an aggrieved person. The Collector by his Order dated 22.3.2001 cancelled the lease in favour of the petitioner and directed the land to be recorded In category of 'rasta'. Against this Order the petitioner filed a revision before the Commissioner under Section 333 of U.P. Zamindari Abolition & Land Reforms Act. The revision has been rejected by the Commissioner by his Order dated 1.8.2001. The petitioner has come up in this writ petition challenging the Order dated 22.3.2001 of the Collector. Moradabad and the Order dated 1.8.2001 passed by the Commissioner. Moradabad.