SHARAD KUMAR DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been filed against the alleged illegal, arbitrary and mala fide resumption of the Gram Sabha land comprising in Gata Nos.467, 468, 509, 554 (new nos.842, 1034, 1039, 1040 and 1175), measuring 3 acres situated in Village Nanakganj Grant, Pargana Gopmau, Tehsil Sadar, District Hardoi for a private trust created by one Radhey Shyam Agarwal, a retired IAS officer, father of Sanjeev Agarwal, opposite party no.5, by the then District Magistrate, Hardoi vide order dtd. 30/1/1987. It has been prayed in the writ petition to issue a Writ of Mandamus to opposite parties-authorities to hold an independent inquiry into the matter and a direction has been sought for removal of unauthorized/illegal constructions of Maruti Car showroom of Concept Cars Limited over the said land.

(2.) A private Trust namely, Gyan Yog Charitable Trust was created by late Radhey Shyam Agarwal on 10/9/1986. This Trust was said to have been created for charitable purposes. Main objects of the Trust were to provide help to poor people in education, medical relief and free accommodation and assistance to the travellers, providing food to the deserving people, advancement of Indian culture and literature, rural developmental etc. The Trust was settled with Rs.5,000.00 which was the corpus of fixed property of the Trust. Radhey Shyam Agarwal became the first Managing Trustee and the Chairman of the Board of Trustees.

(3.) The revenue record before the consolidation operation was undertaken in the village, would suggest that in khatauni of 1333 Fasli (Year 1926) the lands of khata no.178 comprising of old plot nos.508, 509, 567, 544/1 (new plot nos.1034, 1035, 1039, 1040, 1175) were rerecorded as 'Jangal Dhak' in clause (5)(iii)(b)(2) of the Land Record Manual. Thus, the lands were public utility lands vested in Gaon Sabha. In 1356 Fasli (Year 1949) also the lands in the aforesaid gata numbers were recorded as 'Jangal Dhak'. The then District Magistrate, Hardoi resumed the said land for late Radhey Shyam Agarwal, a retired IAS officer purportedly in exercise of powers conferred under sub-sec. (6) of Sec. 117 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as U.P.ZA and LR Act) vide order dtd. 30/1/1987. It was said that the said order dtd. 30/1/1987 was passed in partial embellishment of the Government Order dtd. 16/6/1981. The total land resumed in the aforesaid gata numbers was 4-16-8 (three acres) for the Trust. The said transaction was reflected in Khata No.363 of Khatauni of 1395 Fasli. It was said that Radhey Shyam Agarwal deposited premium amount of Rs.24,000.00. After the land was transferred in the name of Radhey Shyam Agarwal, the said land was given on lease by him for annual rent of Rs.250.00 in favour of Indresh Charan Das for 99 years. A school building was constructed for imparting education upto Class-VIII. It was also said that a small charitable hospital was also constructed and there was a Homeopathy Dispensary, 10 bedded Allopathy hospital which came up on the said land.