BRAHMDEO Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri L.P. Singh, appearing for Brahmdeo and Ram Pravesh Verma, Sri Abhishek Kumar, appearing for Devendra Nath Tiwari and Yogendra Singh and Sri H.R. Mishra, Senior Advocate, assisted by Sri Ashutost Tiwari, appearing for Veer Bahadur Singh Sport College, Gorakhpur and Sri Ganesh Mani Tripathi, for Devendra Nath, in the aforementioned writ petitions and recall application.

(2.) WRIT B No. -26385 of 2012 has been filed for mandamus, directing Settlement Officer Consolidation, Ballia to deliver possession over confirmed chak to the petitioners and other chak holders of village Pur, pargana Sikanderpur East, district Ballia. Writ B No. -52005 of 2013 was filed for mandamus, directing consolidation authorities of Ballia to deliver possession over confirmed chak to the petitioner and other chak holders of village Pur, pargana Sikanderpur East, district Ballia. This writ petition was disposed of with direction to Settlement Officer Consolidation, Ballia to insure demarcation and delivery possession over confirmed chak to the petitioner and other chak holders of village Pur, pargana Sikanderpur East, district Ballia, within six months, by order dated 23.09.2013. In which Ram Pravesh Verma has filed an application for recall of the order dated 23.09.2013. Writ B No. 11418 of 2014 has been filed for quashing the orders of Deputy Director of Consolidation, Ballia, dated 26.05.1999 approving the reference for reserving 106.59 acre land of village Pur for Sport College Society, Gudamma, Lucknow and 01.02.2014 of District Deputy Director of Consolidation, Ballia, rejecting the representation/recall application against the aforesaid order. Common questions of law and facts are involved in these writ petitions as such these writ petitions are consolidated and heard together and are decided by a common judgement.

(3.) STATE of U.P. requisitioned for 100 acres land through letter dated 04.07.1987 for the purposes of establishing Agriculture Research Centre. The consolidation authorities made provision for 98.57 acre land at Pur Central for Agriculture Research Centre but due to delay in framing Provisional Consolidation Scheme, the plan of establishing Agriculture Research Centre was shifted to some other place. State of U.P. again requisitioned 100 acre land through letter dated 10.05.1999 for the purposes of establishing Sport College. In pursuance of the aforesaid letter, District Deputy Director of Consolidation, Ballia wrote a letter to Deputy Director of Consolidation for reserving 100 acre land of Gaon Sabha Pur. Which was forwarded to Settlement Officer Consolidation. In pursuance thereof, a reference i.e. Reference No. 2080, was prepared by which 98.57 acre land which was earlier reserved for establishing Agriculture Research Centre together with 8.02 acre bachat land (total 106.59 acre of valuation of Rs. 2385.10) was reserved for establishing Sport College at Pur Central, which was approved by Deputy Director of Consolidation, Ballia, by order dated 26.05.1999. It may be mentioned that in Pur East Unit, total land of the valuation of Rs. 984.80 was reserved for different public purposes, in Pur Central Unit, total land of the valuation of Rs.3486.20 (including the land of the valuation of Rs. 2385.10 for Sport College) was reserved for different public purposes and in Pur West, total land of the valuation of Rs. 406.00 was reserved for different public purposes as mentioned in the report of Deputy Director of Consolidation, dated 10.07.2003.