M.KATJU, J. - (1.) THIS petition discloses a great fraud perpetrated by the answering respondents in collusion with the authorities.
(2.) THIS writ petition has been filed for a writ of certiorari to quash the impugned order dated 24.11.2001 Annexure -1 and for a mandamus directing the respondent Nos. 1 to 3 to forthwith take back possession of the property in dispute from respondent Nos. 8 to 10. It is further prayed that a C.B.I, enquiry be directed against the respondent Nos. 2, 3 and 7 to the writ petition. Heard Sri Deepak Jaiswal learned counsel for the petitioner and Sri V. B. Singh learned counsel for the respondents.
(3.) THE property in dispute is plot No. 56, area 1 bigha 5 Biswa situate in the city of Mirzapur which belonged to the late Bhairav Prasad Jaiswal who donated the said land for the purpose of an Eye Hospital by executing a Will on 7.11.1954 by which he created a trust for the said purpose in which the District Magistrate and one Anil Banerjee were the trustees. After the death of Bhairav Prasad Jaiswal one of his relatives applied for a letter of administration in Testamentary Case No. 3/71 (converted to Suit No. 1/72). In this case this Court by its order dated 25.9.1973 issued letters of administration in favour of the Administrator General, U. P. (respondent No. 4 in this petition) and the Administrator General took possession of the property in question.;