R.R.Yadav, J. - (1.) Heard learned counsel for the petitioner Sri Sankatha Rai at length.
(2.) Perused the order dated 30.5.2001, passed by Additional Commissioner (Administration), Bareilly Division, Bareilly (Annexure-1 to the writ petition) and the order dated 24.5.1993, passed by Collector, Pilibhit (Annexurc-2 to the writ petition), whereby both the courts below have passed orders making petitioner company entitled up to 12.50 acres land in Uttar Pradesh and the excess of 12.50 acres land have been declared to have vested in the State Government free from all encumbrances.
(3.) It is urged by the learned counsel for the petitioner that the Additional Commissioner and Collector, respondent Nos. 1 and 2, have based their findings on the affidavit of Sri T. R. Sharma, General Manager of the Company dated 19.5.1993 (Annexure-7 to the writ petition), but neither Sri T. R. Sharma has any authority of the Company under resolution dated 14.10.1991 passed by the Board of Directors of the Company (Annexure-10 to the writ petition) to enter into compromise and giving consent to relinquish the land in dispute in favour of the State Government nor any such consent has been given in the affidavit to relinquish the land in excess of 12.50 acres in favour of the State Government, therefore, the findings of the Commissioner and Collector are perverse and liable to be set aside on this ground.;