SURESH CHANDRA TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri S.K. Vashisht learned counsel for the petitioners and Shri Diwakar Singh who has accepted notice on behalf of the Gaon Sabha, respondent no. 4.

(2.) THIS writ petition has been filed seeking a writ of certiorari for quashing the order dated 15.02.2014 passed by the Collector, Kaushambi and the order dated 28.11.2014 passed by the Additional Commissioner Allahabad, Division Allahabad.

(3.) THIS dispute in the writ petition pertains to plot nos. 855 -M, area 0.109, 853 area 0.303, 854 area 0.365, 886 area 0.548, 865 area 0.308, 866 area 0.314, 868 area 0.420, 869 area 0.438, 874 area 0.924 and 872 area 0.650 of village Badanpur Kadipur Pargana Kada Tehsil Sirathu District Kaushambi. These plots were recorded in the name of the Gaon Sabha. By an order dated 11.01.2008, passed by the Collector, these plots was resumed by the State and allotted from construction a Central School and a mini stadium. Aggrieved by such resumption it appears that a misc. application was filed by the petitioners before the Collector which was registered as suit no. 41 of 2014 (Suresh Chandra Tripathi and Others vs. Gaon Sabha). The misc. application filed by the petitioners was dismissed holding it to be not maintainable in view of the fact that the land has been resumed by the State. The consequential revision has also been dismissed as not maintainable.