KISAN SHIKSHA NIKETAN Vs. THE COMMISSIONER, AZAMGARH ANOTHER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 29.1.2002 passed by the Commissioner, Azamgarh (Annexure 5 to the writ petition) and the order dated 12.12.2001 passed by the Collector, Azamgarh (Annexure 4 to the writ petition).

(2.) It has been argued that initially the petitioner institution through its Manager, had filed objections under Sec. 9-A(2) of the U.P. Consolidation of Holdings Act before the Assistant Consolidation Officer which was referred to the Consolidation Officer by an order dated 5.9.1985. After hearing the then Pradhan of the Gaon Sabha concerned, a detailed order was passed by the Consolidation Officer to the effect that old Plot No. 899 ad measuring 3.200 kari and old Plot No. 110 ad measuring 00 kari recorded in the name of Gaon Sabha as Banjar land, was now to be recorded in the name of Kisan Shiksha Niketan, Ahirauli, District Azamgarh through its Manager.

(3.) Against the order dated 5.9.1985, passed by the Consolidation Officer, a Revision was filed after ten years by a private person under Sec. 48 (3) of the U.P. Consolidation of Holdings Act before the DDC, in which it was alleged that Ram Narain the Manager of Kisan Shiksha Niketan Junior High School, Azamgarh in collusion with the then Pradhan of the Gaon Sabha concerned in a sham proceedings under Sec. 9-A(2) of the U.P. Consolidation of Holdings Act has got transferred Banjar land belonging to the Gaon Sabha in the name of private institution. This fraudulent transfer of Gaon Sabha land to the petitioner institution should be set aside.