C/M DURGA NARAIN COLLEGE AND ADITY KUMARI SCHOOL & Vs. STATE OF U P THRU PRIN SECY REVENEU AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the Management of the Durga Narain College and Aditya Kumari School, Tirwa, District - Kannauj through its Manager Kunwar Devendra Narain Singh, which is admittedly a recognized Intermediate College under the U.P. Intermediate Education Act, 1921. The College has its buildings, including classes, farm, hostel and other buildings with land appurtenant thereto, situate in Tirwa District - Kannauj. The buildings spread over a considerable area had been established way back in the year 1923. It is undisputed that it was recognized as an Intermediate College in 1946 and was established by a Society registered under the Societies Registration Act. The challenge raised is to the orders dated 08.12.2008 (Annexure 21 and 22) whereby the land in dispute has been resumed by the State through the Collector/District Magistrate, Kannauj under Section 117(6) of the U.P.Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "1950 Act").

(2.) The institution came to be established by the then Zamindar Raja Durga Narayan Singh, in his name and his wife Smt. Aditya Kumari by raising several buildings on the land for the purpose of School Classes, hostel as well as agricultural farm etc. which was within his Estate of which he was the Zamindar and the proprietor. The Institution was given recognition in the year 1926 and was upgraded to High School and thereafter was recognized as Intermediate College in 1946.

(3.) The Institution is situated on a strategic point on Auraiya-Kannauj Road. The building of the School and other tenements are over several plots including plot no. 623 whereas the Hostel building is over Plot No. 738. Plot No. 623 and 738 are both categorically recorded as 'Abadi'. Certain other plots are admittedly recorded as tenancy in the name of the Institution as is evident from CH Form 45 prepared under the U.P. CH Act 1953 while making final settlement, copy whereof is Annexure-4 to the writ petition.