YASHODA DEVI Vs. COLLECTOR

JUDGEMENT

(1.) Heard Sri S.K. Mehrotra, counsel for the petitioners and Sri Pramod Kumar, counsel for the State. The petitioners have challenged the Government orders and the notification referred to in the endorsement, vide Annexures-8 and 9 made in the khatauni relating to 1402-1407 fasli referred to above after requisitioning the relevant records from the Collector. Further, a prayer has been made that the respondents be restrained from making any construction over the plot in question and not to interfere with possession and use of the plot of the petitioners.

(2.) The dispute relates to plot No. 739 measuring 3.94 hectares (old No. 439). According to the petitioners the plot No. 739 has not been declared as vested in Gaon Sabha and it has always been In the ownership of the petitioners and, therefore, the same could not have been resumed by the Collector under the impugned order or notification. Further his pleadings are that neither any notification under Section 117(1) of the Act (U. P. Zamindari and Land Reforms Act 1950) has been issued nor the land ever vested in the Gaon Sabha and consequently the land never belonged to Gaon Sabha and, therefore, no notification under Section 117(6) of the Act could have been issued for resumption of the said land.

(3.) According to the petitioners allegation the land in question originally belonged to the petitioners who were zamindars and before the date of vesting by virtue of two deeds, namely, one gift deed and the other waqf deed, the aforesaid plot, in two parts, was transferred in favour of Bidhar Shiksha Samiti. The gift deed was executed on 12.7.1949 with respect to a portion of the said plot executed by late Sri Thakur Prasad Misra with respect to his share of 5 bigha 3 biswa in favour of a registered society known as Bidhar Shiksha Samiti stipulating that the above land was transferred to the Society for establishing a school boarding house, residential house of teacher, library, play ground, agricultural work and other activities relating to the above school subject to the condition that in case the above land is not used in connection and for the purposes of school, the same will revert back to the executor or his successors. Regarding trees existing over the land it was provided that the ownership of the same will remain with the executants. Likewise another registered deed was executed on 29.7.1950 by the petitioner Smt. Yashoda Devi in respect of another portion of the said plot in favour of Bidhar Shiksha Samiti, Faizabad for the purposes of the school referred to above school, subject to the same condition of reversion in case of non use of the land for the purposes connected with the school/education.