LAWS(ALL)-2021-2-29

EXEC COMMITT OF THAURI EDUCATIONAL TRUST THRU MNGR Vs. ADDL COMMISSIONER (JUDICIAL) AYODHYA MANDAL AYODHYA

Decided On February 03, 2021
Exec Committ Of Thauri Educational Trust Thru Mngr Appellant
V/S
Addl Commissioner (Judicial) Ayodhya Mandal Ayodhya Respondents

JUDGEMENT

(1.) Heard Sri Sudeep Seth, learned Senior Advocate, assisted by Sri Sridhar Awasthi, learned counsel for the petitioners, Sri Upendra Singh, learned Standing Counsel, Sri Ajay Pratap Singh, learned counsel appearing on behalf of respondent nos.3 and 4 and Sri Pankaj Gupta, learned counsel appearing on behalf of the respondent no.6.

(2.) This petition has been filed challenging the order dated 02.03.2020 passed by the Additional Commissioner (Judicial), Ayodhya Mandal, Ayodhya in Appeal No.01825 of 2019: The Thauri Educational Trust Vs. Intermediate College, Thauri and others, and also the ex parte order dated 06.01.2015 passed by the respondent no.2-Sub Divisional Magistrate, Musafirkhana, District Amethi in Case No.285/38/60/107/32 under Section 229-B of the U.P.Z.A. and L.R. Act: Intermediate College Thauri Vs. State of U.P. and others. The petitioner also prays for mandamus to be issued to the Sub-Divisional Magistrate to record the name of "The Thauri Educational Trust through its Manager, Shri Suresh Chandra Srivastava, son of Late Girija Prasad Srivastava" in the revenue records by mutation, in place of "Educational Trust Thauri Interimediate College, through Manager, Shri Rajeshwar Pratap Singh, son of Virendra Nath Singh", with respect to Gata No.488, 889 and 2305 situated in Village Thauri, Pargana Jagdishpur, Tehsil Musafirkhana, District Amethi.

(3.) It has been submitted by learned counsel for the petitioners that the order dated 02.03.2020 passed in Revision has ignored the order dated 05.03.2019 passed in Writ Petition No.6321 (M/S) of 2019 and the order dated 08.04.2019 passed in Special Appeal No.124 of 2019: Rajeshwar Pratap Singh Vs. Suresh Chandra Srivastava and others, where the Division Bench has affirmed the interim order granted by the Writ Court and directed that till the writ petition is decided, status quo with respect to the property of the Trust, as it existed on that day to be maintained.