VIRENDRA KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition discloses a great fraud perpetrated by the answering respondents in collusion with the authorities.

(2.) THIS writ petition has been filed for a writ of certiorari to quash the impugned order dated 24.11.2001 Annexure -1 and for a mandamus directing the respondent Nos. 1 to 3 to forthwith take back possession of the property in dispute from respondent Nos. 8 to 10. It is further prayed that a C.B.I, enquiry be directed against the respondent Nos. 2, 3 and 7 to the writ petition.

(3.) THE property in dispute is plot No. 56, area 1 bigha 5 Biswa situate in the city of Mirzapur which belonged to the late Bhairav Prasad Jaiswal who donated the said land for the purpose of an Eye Hospital by executing a Will on 7.11.1954 by which he created a trust for the said purpose in which the District Magistrate and one Anil Banerjee were the trustees. After the death of Bhairav Prasad Jaiswal one of his relatives applied for a letter of administration in Testamentary Case No. 3/71 (converted to Suit No. 1/72). In this case this Court by its order dated 25.9.1973 issued letters of administration in favour of the Administrator General, U. P. (respondent No. 4 in this petition) and the Administrator General took possession of the property in question.