Sangeeta Chandra,J. - (1.) Heard Sri Mohd. Arif Khan, learned Senior Advocate, assisted by Sri Mohd. Aslam Khan, learned counsel for the petitioner, Sri Upendra Singh, learned Additional Chief Standing Counsel and Sri Dilip Kumar Pandey, learned counsel appearing on behalf of the Gaon Sabha.
(2.) This petition has been filed by the petitioner through its Mahant/Savarkar Prem Giri Maharaj challenging the order dated 30.09.2019 passed by the Commissioner Lucknow Division Lucknow (hereinafter referred to as "respondent no.2").
(3.) A preliminary objection has been raised by the counsel for the State Respondents regarding the maintainability of this petition challenging an order resuming land belonging to the Gaon Sabha. It has been submitted by the learned Standing Counsel that the order dated 30.09.2019 has been issued in the exercise of powers given to the State Government under Section 59(4) c of the U.P. Revenue Code 2006 (hereinafter referred to as "the code"). By this order the State Government has exercised its power to resume land that was initially entrusted to the Gaon Sabha from the date of vesting, for a public purpose that is for establishment of a medical college in the district Lakhimpur Kheri. The petitioner is not the recorded tenure holder of the land in question and therefore has no locus to challenge the order dated 30.09.2019. The Gaon Sabha has not come to Court to challenge the order dated 30.09.2019. The learned counsel for the petitioner however has emphasised that if this Court is apprised of the facts leading to the order of resumption being passed, it will be convinced that the action of the State Respondents smacks of arbitrariness and violation of principles of natural justice and has caused grave injustice to the petitioner.;