COMMITTEE OF MANAGEMENT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, who are the Committee of Management of the Imambara Qadeem, Manauri and its Secretary, have moved this Court to quash the notification dtd. 28/6/2012, issued by the Government of U.P., insofar as it resumes the petitioner's land, situate in Plot No. 146, admeasuring 1500 square meters, Village Manauri, District Prayagraj.

(2.) The aforesaid notification has been issued by the State Government in exercise of their powers under Sec. 117(6) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short, 'the Act') to the extent it adversely affects the petitioners. The said notification shall be referred to hereinafter as the 'impugned notification'.

(3.) The petitioners' case in brief is that the second petitioner is a native of Village Manauri, Tehsil Sadar, District Prayagraj. He and his forefathers have lived in the said village since a very long time. The second petitioner's father constructed a building known as Imambara Qadeem over an area 1500 square meters, situate on Plot No.146. The aforesaid Imambara is said to be more than 100 years old. The aforesaid property has now come down to the second petitioner from his forefathers. He is now managing the affairs of the Imambara along with some members of the religious community, to which he belongs. The second petitioner and other members of the community formed a Committee of Management, which this Court gathers to be a society of sorts. The pleadings about the precise legal character of the body that manages the affairs of the Imambara are vague and non-descript.