DAYANAND SURY ENGLO SANSKRAT HIGHER SECONDARY SCHOOL Vs. STATE OF U P THROUGH SECRETARY REVENUE LUCKNOW

JUDGEMENT

(1.) In this writ petition the question which surfaces for consideration is whether the petitioner was eligible for allotment of land under the scheme of the Bhoodan Yagna and the provisions of Section 14 of the U.P. Bhoodan Yagna Act, 1952 (hereinafter referred as Act) and if not whether allotment made in favour of the petitioner was liable to be cancelled in exercise of powers under Section 15-A of the Act.

(2.) Admitted facts are that the petitioner is an institution recognized under the U.P. Intermediate Education Act, 1921 and is imparting education including the subject of agriculture. Petitioner by the very nature of its activity is not an agriculturist and is not earning livelihood through agriculture. Nonetheless, petitioner was allotted various plots of land, 16 in number having a total area of 24.30 acre situate in village Bhadua, Pargana Bharthana, Tehsil and District Etah, under Section 14 of the Act.

(3.) On a complaint made by one Rookampal Singh, that the land was illegally allotted to the petitioner under the Act, the Up Zila Adhikari submitted a report dated 3.7.06. On the report Case No. 7 of 2007 under Section 15-A of the Act was registered on 29.11.2006 against the petitioner for the cancellation of the allotment of the aforesaid plots.