Vineet Saran, J. - (1.) BY means of this writ petition, the Petitioners have challenged the order dated 22.10.1977 passed by the Collector, Etawah, issuing the 'parwana amaldaramad' for recording the name of contesting Respondent No. 6 Hindu Educational Society, Etawah (hereinafter referred to as the Society) over the plots in dispute in the revenue records ; and also the order dated 3.5.1982 passed by the Additional Commissioner, Allahabad, dismissing the revision filed by the Petitioners.
(2.) BRIEFLY , the admitted facts of this case are that the Society had on 9.5.1949, applied for acquisition of 15.08 acres of land for construction of a hostel for its college students. Regarding this, a notification for acquisition of land under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was issued by the State Government on 13.3.1954 followed by a notification under Section 6 on 9.5.1956, after having made the requisite enquiries under Section 5A of the Act. Admittedly, the acquisition notification included the plots in dispute. The Special Land Acquisition Officer, thereafter, give an award on 18.5.1957 and all the tenure holders, except three, accepted the award and received the amount of compensation awarded by the Special Land Acquisition Officer. With regard to the three tenure holders who challenged the amount of compensation awarded, the matter went up to the High Court and was finalised on 10.9.1971 after its decision in First Appeal Nos. 367 and 368 of 1960. The Collector had, under Section 16 of the Act, taken possession of the land acquired and thereafter it transferred the possession to the Society on 19.5.1957. However, it is admitted by the parties that an application for mutation of the name over the land acquired was moved by the Society in the year 1957 and the same remained pending. The other facts relating to the agreement between the State Government and the Society with regard to the purpose of acquisition, may not be relevant for the purpose of the present dispute.
(3.) FROM the pleadings of the parties, it appears that in the year 1976, certain ex -tenure holders were trying to encroach on the land acquired for the Society and also to execute sale deeds of certain portions of the said acquired land. Hence, a letter was sent by the Joint Secretary of the Society to the District Magistrate, Etawah to see that there was no encroachment on the land acquired for the Society. Thereafter a notice was also got published by the Society on 1.8.1976 in the local newspaper (filed as Annexure -11 to the writ petition) warning the people from having any transaction with the ex -tenure holders, ex -tenants or other persons regarding the land acquired for the Society. However, certain ex -tenure holders who themselves had no right over the plots in dispute, took advantage of the fact that the name of the Society had not been mutated in the revenue records (despite the application having been made by the Society in the year 1957), started executing sale deeds. Because of such unauthorized sale deeds having been executed, when it came to the knowledge of the Society that the names of some new persons were being mutated on the plots in dispute, another application was filed by the Society for mutation of the name of the Society on the entire land acquired for them, the possession of which was admittedly given to them in the year 1957. On this application, the impugned order dated 22.10.1977 was passed by the Collector, Etawah, issuing 'parwana amaldaramad' in respect of the entire land acquired, which included the plots in dispute. The said order of the Collector was confirmed by the Additional Commissioner in Revision filed by the Petitioners.;