- (1.) M. Katju, J. In these two writ petitions common question of law and fact are involved and hence they are being disposed off together.
(2.) CIVIL Misc. Writ Petition No. 35036 of 2003 has been filed by the Committee of Management of an educational institution and Writ Petition No. 34309 of 2003 has been filed by some of the students. The institution in question is an Intermediate College known as Hina Shiksha Niketan Shree Saiyed Asghar Husain Inter College, Kura Muridan, Sirathu, District Kaushambi (hereinafter referred to as 'the College') and it is alleged that the said college has been recognized by the U. P. Board of High School and Intermediate Education, Allahabad. The recognition for High School Classes was granted in the year 2000 and for Intermediate Classes was granted in the year 2002 vide Annexures 1 and 2 of the Writ Petition No. 34309 of 2003. It is alleged in paragraph 10 of the Writ Petition No. 34309 of 2003 that on 4-8-2003 when the petitioners (students) reached the college they found that the college was locked and on enquiry they came to know that the college premises was established on the land belonging to the Gaon Sabha which had granted a lease in favour of the college and the college building was built after the grant of lease in favour of the college. That lease has been cancelled by the Additional Collector, Kaushambi under Section 198 (4) of the U. P. Zamindari Abolition and Land Reforms Act, 1950.
(3.) AGAINST the order of the Additional Collector, Kaushambi, the petitioner Committee of Management filed an appeal which was dismissed by the Additional Commissioner, Allahabad vide Annexure 8 to the Writ Petition No. 35036 of 2003. We have been informed that against the order of the Additional Commissioner a writ petition was filed in this Court which was dismissed and against the order of the High Court an SLP is pending in the Supreme Court. Learned Counsel for the petitioner submitted that this Court should pass an order directing continuation of the classes otherwise the students would suffer. In our opinion since the earlier writ petition has been dismissed by this Court and an SLP is pending in the Supreme Court it would not be appropriate for us to pass any such order in these writ petitions.;