- (1.) V. M. Sahai, J. The petitioner is a member of Gaon Sabha, Chauri Khas, Tehsil Bhadohi, District Sant Ravidasnagar (in brief Gaon Sabha ). He has filed this petition for quashing transfer of Gaon Sabha land, by the respondents, in favour of a private Samiti for opening a girls col lege under the Government scheme for encouraging education amongst girls in 'asevit vikas khand'. The order is chal lenged as it is against the Government policy, is arbitrary and the land has been transferred to the respondent No. 3 under political pressure.
(2.) IN 1994 the Government issued an order for encouraging higher education for girls in rural areas. It permitted private bodies to open and establish colleges in such areas and if someone was willing to make land available, the Government was willing to grant rupees ten lakhs. This order is not on record. It was modified on 31-5-1995. The conditions for grant for establishing a private institution under Government Order 1995 provided that the private institution could be established only if the block was known as 'asevit vikas khand' and there was no other private high school/college from before. Paragraph 2 of the schedule provided that the department would decide in any financial year, on availability of fund, the blocks in which private institution could be established and get its decision published in local newspapers inviting applications from willing societies. Paragraph 3 laid down the conditions to be fulfilled by any society making an application the main being that the society should be registered and it should have income to run the institution. Paragraph 4 provided the procedure for making application. Clauses (a) and (b) of the paragraph provided that the society having its own and etc. would be given preference. Paragraph 5 provided that all the applications received within time shall be placed for consideration before a com mittee presided by the District Magistrate (in brief DM), with Sub- Divisional Magistrate (in brief SDM) and District INspector of Schools (in brief DIGS) as other members. The committee was re quired to decide within fifteen days in the light of priorities laid down as to which society was entitled to establish the institu tion. It further provided that the commit tee, through the DIGS would forward its recommendation to the Director of Education who is his turn would forward the papers relating to transfer of land and sanction of grant with his comment to the State Government and for recognition to Secondary Education Board. Paragraph 7 of the order mentioned the facilities which the state would provide to the selected society for establishing the institution. Clause (a) of this paragraph laid down that if the selected society did not have any land of its own, the State in case of necessity would make one acre or more land of Gram Samaj available to it. Clause (b) provided that in case no land of Gram Samaj was available or it was not available at a proper place then it would be acquired for such society. On 20-12-1998 another order for establishing private institutions in 'asevit vikas khand' was issued. It superseded the earlier orders issued in 1994 and 1995 but permitted the proceedings initiated under earlier orders to continue and provided and it shall be deemed to be under 1998 order. Paragraph 3 of the order explained 'asevit vikas khand' to mean a block where there was no private or Government high school or intermediate college. This order permitted establishing of more than one institution in a block irrespective of the fact whether the earlier institution was Govern ment or private with condition that there would not be more than two institutions in one block. Clause (d) of paragraph 8 provided that the facility of making available Gram Samaj land or for acquisition of land was being withdrawn. The society would have to arrange its own land. The amount of grant was increased to Rs. twenty lakhs. In 1997, Sri Rang Nath Misra who was State Energy Minister, and elected rep resentative from the area wrote a letter to the DIOS for opening a Government girls college in the Bhadohi. This letter is not on record. But it appears that suggestion was supported by the Pradhan of the Gaon Sabha and the district President of the Bhartiya Janata Party. In pursuance of this letter the DIOS wrote on 24-11-97 to the SDM referring to the proposal of the minister and requesting that one acre land may be made available for the purpose. It was also men tioned that there was a district scheme of opening a Government college in every block. The Gaon Sabha on 2-1-98 unani mously resolved that plot No. 298 area one bigha and plot No. 307 area one bigha two biswa be reserved for opening of Rajkiya Uchchattar Madhyamik Kanya Vidyalaya, Chauri (inbrief Government college) as there was no Government college in the area. This resolution was approved on 3-2-98 by the SDM, Bhadohi. On 10-3-98 the name of Gram Panchayat was expugned and the name of Government girls school was recorded in Khatauni 1401 Fasli to 1406fasli.
(3.) AFTER the land was entered in name of the Government girls college, a private society in the name of Sri Keshav Prasad Misra Smriti Seva Samiti (in brief Samiti) with fifteen members was registered on 14-7- 98, Sri Rang Nath Misra the then State Energy Minister, now the State Home Minister is shown as manager of the society. His brother-in-law (wife's brother) Sir Gopal Krishna Dubey and his wife Smt. Arti Dubey are shown as Presi dent and Vice-President of the society. Smt. Savitri Misra wife of Sri Rang Nath Misra is whom as member of the society. I may also mention that Sri Keshav Prasad Misra was none other than father of Sri Rang Nath Misra. This society comprising, prominently, of the family members of Sri Misra submitted a proposal for opening a private institution in village Chauri. A copy of the proposal has been filed as Annexure SCA-2 to the supplementary counter-affidavit. The date of submitting the proposal is not clear. But it must have been after 17-7-98. It is again not clear from the endorsement in the bottom of this proposal as to on what date of the DIOS recommended in favour of Samiti but on 23-7-98 the DIOS sent a letter to the SDM (copy of which has been filed as Annexure SCA-3 to the supplementary counter-affidavit) that the State Govern ment had not allotted any fund during the year, to any district for opening a Govern ment school and in view of shortage of girls schools in the area the land reserved for Government girls school be transferred to the Samiti. The secretary of the society also moved an application before the SDM that in view of the letter by DIOS the land reserved for Government college may be transferred in favour of the society. This letter has been filed as Annexure SCA-4 to the supplementary counter-affidavit. The SDM on the same day issued direction to chairman of the Land Management Com mittee (in brief LMC) to transfer land in name of the Government college in favour of the Samiti as funds were not available with the Government for opening a col lege. The chairman was further directed to get a resolution passed by the Gaon Sabha and contact him immediately. A report was submitted by Naib-Tehsildar to Tehsildar on 24-7-98 that the Chairman of the LMC read the notice and refused to accept it. On this report the Tehsildaron same day recommended that the land reserved for the Government college may be transferred in favour of the selected society on a premium of rupees 200 per annum. This recommendation of the Tehsildar was ac cepted by the SDM on same day who exer cising powers under Sections 126 and 127 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (in brief Act) issued orders for transfer of land reserved for Government college in favour of Samiti. It is explained in the affidavit filed by the SDM that this order was passed as the chairman LMC had refused to accept the notice. This fact is not admitted by the chairman of the LMC who as Pradhan has filed counter-affidavit supporting the peti tion. In view of the order of SDM the name of Government girls school was expugned on 24-7-98 from Khatauni 1401 Fasli to 1406 Fasli and name of Samiti was recorded. The villagers of Gram Panchayat, Chauri Khas protes before the SDM against order dated 24-7-98. The committee of the DM, SDM and DIOS in the meeting held on 12-8-98 declared Bhadohi to be 'asevit vikas khand'. The committee decided that since there was no other applicant and the respondent No. 3 satisfied the criteria laid down in the 1995 order. It passed a resolution permitting respondent No. 3 to open Pt. Deen Dayal Upadhyaya Balika High School/inter Col lege, Chauri, Sant Ravidas Nagar (in brief private college) and authorised the DIOS to send the proposal in the State Govern ment. The DIOS on 13-8-98 instead of sending it to the Director of Education sent the proposal to the Education Secretary. Its copy was no doubt forwarded to the Director of Education. In the mean time the Government order dated 28-12-1998 had come into force. The Education Minister thereafter returned the papers for consideration by the committee under the new order. The DIOS on 28-1-99 in formed the DM that the proposal has been approved by the Education Minister, but under GO dated 28-12-98 and 30-12-98 the committee of larger number of mem bers were required to examine and ap prove the proposal, therefore, another meeting was convened on 2-2- 99 and the committee consisting of District Magistrate, Chief Development Officer, Sub-Divisional Magistrate Gyanpur, Sub-Divisional Magistrate Bhadohi, Executive Engineer Public Works Department and ,district Inspector of Schools, reiterated the earlier resolution and resolved that when the funds for the proposed private school is received from the Government the same shall be released by the DM. On 30-3-99 the DIGS sent a letter to SDM that the land should have been in the name of the private college but by mistake it has been recorded in the name of the Samiti, therefore, in accordance with the new Government order the land be recorded in the name of the private college. On the letter of DIGS dated 30-3-99 resolution of the Samiti and letter of the President of the private school the SDM on 9-4-99 called for a report from Tehsildar and on the same day directed that the name of Samiti be expunged and the name of the private college be recorded. On 12-4-99 in Khatauni 1401 Fasli to 1406 Fasli name of private school was mutated. The petitioner has challenged in this petition the orders dated 9-4- 99/12-4-99 and 24-7-98 passed by the respondents and has prayed that the respondents may not be allotted or permitted to use Gaon Sabha land. It has also been prayed that such other relief's as the Court may deem fit, and proper in the circumstances of the case may be granted. After this petition was filed the Gaon Sabha moved an application for impleadment which was allowed. The Pradhan of the Gaon Sabha who is also the chairman of the LMC has filed counter-affidavit. He has supported the petition. It has been stated that the land of Gaon Sabha was allotted on 2-1-98 for setting up a Government college and the SDM ap proved this resolution on 3-2- 98. Sub sequently, the SDM without affording any opportunity to Gaon Sabha and without there being any resolution of Gaon Sabha has allotted the land reserved for Govern ment college to a private society/respon dent No. 3 without giving any opportunity to Gaon Sabha on a nominal premium of Rs. 200 per annum. It is alleged that the State Government did not issue any direc tion to Gaon Sabha to allot the land to the private society/respondent No. 3. It has been stated in paragraph 10 of counter-af fidavit that Government Order dated 31-5-95 provides that if in the same block there is a girls school/college run by private society, no other girls school/college by a private society will be sanctioned. Village Chauri Khas is situated in block Bhadohi where a private G. B. Pant Balika Girls Inter College already exists therefore, no other college run by a private society could be sanctioned. Further in the Government Order issued in 1998 it was provided that the selected society had to arrange its own land. Therefore, the respondent No. 3 could not have been selected either under 1995 or 1998 order.;