RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri B.N. Singh and Sri S.K. Singh, for the petitioners and Standing Counsel, for respondents -1 to 4, Sri Manu Khare, for respondents -5 to 7, Sri Anupam Kulsreshtha, for respondents -8 to 10/2.
(2.) THIS writ petition has been filed for quashing the orders of Additional Collector dated 13.08.1987, canceling pattas dated 20.05.1957 and 23.06.1959 except for plots 150 (area 0 -13 -0 bigha) and 151 (area 2 -7 -0 bigha) of village Talaspore Kalan and 243 (area 2 -10 -0 bigha) of village Kuarsi, Additional Commissioner dated 30.11.1988, dismissing the revision in default and 05.10.1991, rejecting the restoration application and Board of Revenue U.P. dated 24.04.1997, dismissing the revision of the petitioner, in the proceedings arising under Section 198 (4) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act). The National Education and Industrial Association, Kuarsi, Aligarh is a society, registered under Societies Registration Act, 1860 on 18.06.1956 and its registration number is 121 of 1956 -1957. It established a Junior High School in the name of Rashtriya Shikshatmak And Kalatmak Madhyamik Vidyalaya, Kuarsi, Aligarh. Education of Junior High School classes was started in July 1957. District Inspector of Schools, Aligarh granted recognition of Junior High School on 10.12.1957, in which apart from other subjects, agriculture was also a subject. One of the condition of recognition was that the school must have minimum 10 acres of land. The school was upgraded to High School, since July 1961 and recognition in this respect was granted on 10.06.1961.
(3.) SRI Nahar Singh, Promoter Secretary of the society requested Gaon Sabha of villages Kuarsi, Talaspore Kalan and Sukhraoli for allotment of the land to the school. It may be mentioned that a large tract of waste arable land was available at adjoining limits of the aforesaid villages. Gaon Sabha Kuarsi passed a resolution dated 03.04.1957 for allotment of plots 306/2 (area 1 -0 -0 bigha), 306/9 (area 3 -12 -0 bigha) and 324/1 (area 20 -0 -0 bigha), total 24 -12 -0 bigha to the petitioners. Gaon Sabha Talaspore Kalan passed a resolution dated 05.04.1957 for allotment of plots 119 (area 9 -11 -0 bigha), 120 (area 13 -1 -0 bigha), 125 (area 4 -6 -0 bigha), 126 (area 8 -8 -0 bigha) and 128 (area 3 -1 -0 bigha), total 38 -7 -0 bigha to the petitioners. Gaon Sabha Sukhraoli passed a resolution dated 05.04.1957 for allotment of plots 1 (area 12 -4 -0 bigha), 18 (area 8 -13 -0 bigha) and 19 (area 5 -10 -0 bigha), total 25 -7 -0 bigha to the petitioner. Sub -Divisional Officer, Koil, Aligarh, by order dated 20.05.1957, granted approval for plot 306/9 (area 3 -12 -0 bigha) of village Kuarsi and plots 119 (area 9 -11 -0 bigha), 120 (area 13 -1 -0 bigha), 125 (area 4 -6 -0 bigha), 126 (area 8 -8 -0 bigha) and 128 (area 3 -1 -0 bigha) of village Talaspore Kalan only total area 41 bigha 16 biswa. Later on, Sub -Divisional Officer, Koil, Aligarh, again by order dated 23.06.1959, granted approval for allotment of plots 1 (area 12 -4 -0 bigha), 18 (area 8 -13 -0 bigha) and 19 (area 5 -10 -0 bigha) of village Sukhraoli and plots 306/2 (area 1 -0 -0 bigha), 324/11 (area 20 -0 -0 bigha), 306/11 (area 0 -4 -0 bigha), 312/2 (area 0 -2 -0 bigha), 323/3 (area 1 -9 -0 bigha), 324/2 (area 10 -0 -0 bigha), 311/2 (area 0.10.0 bigha) and 307/1 (area 0 -6 -0 bigha) of village Kuarsi total area 59 bigha 18 biswa. In these orders a condition was imposed that if the land is not utilized for the purpose, for which it has been allotted within five years, it would revert to Gaon Sabha. On the basis of aforesaid order, the land in dispute was recorded in the name of school as bhumidhar except those plots on which constructions have been raised were recorded in column 6 (2) of the khatauni.;