JAI SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) This petition purportedly in public interest has been filed by the petitioner seeking quashing of the auction notice dtd. 22/11/2024 issued by the Zila Panchayat, Gorakhpur for holding auction of certain shops detailed in the auction notice and Government Order dated 25/31/1/2024 issued by Additional Chief Secretary, Department of Panchayat Raj, Government of U.P., Lucknow. Further direction has been sought not to proceed with the auction and not to allot the proposed shops to be constructed over the Boarding House (property in question) situated at plot no. 398, Ward No. 5, Village Badavan, Development Block and Tehsil Bans Gaon, District - Gorakhpur.

(2.) The petitioner claiming himself a public spirited person who feels that education should have precedence over commercial activity and if any institution is used for educational purpose, then it should remain educational and should not be converted or used for commercial activity, has filed the present petition inter-alia with the contentions that under Schedule II of the U.P. Kshetra Panchayat and Zila Panchayat Act, 1961 (for short the 'Act, 1961') indicating the power and function of Zila Panchayat under item (xvii) pertaining to education, including primary and secondary schools requires constructions, maintenance and supervision of primary and secondary schools, providing education for all in the district and survey and affiliation of primary and secondary education in the district.

(3.) Submission has been made that a dispute arose between Nagar Panchayat, Bans Gaon and Zila Panchayat, Gorakhpur and the matter was decided by a committee headed by Commissioner, Gorakhpur Division holding that the plot in question known as Boarding House was the property of Zila Panchayat, Gorakhpur, wherein it was indicated that the same has been a Boarding Teacher Training Centre.