Surya Prakash Kesarwani, J. - (1.) Heard learned counsel for the petitioner, learned Standing Counsel for State-respondents and learned counsel for Gram Sabha.
(2.) This writ petition has been filed by the petitioner as a Public Interest Litigation (PIL). The petitioner, in paras 3, 4, 5, 16 & 17 of the writ petition stated as under: 3. That the petitioner is giving his credentials that for public cause he is seeking the present writ petition (PIL). He has no personal or private interest in the matter. There is no authoritative pronouncement by the Hon'ble Supreme Court or Hon'ble High Court on the question raised and the result of the litigation will not lead to any undue gain to the petitioner or anyone associated with him or any undue loss to any person, body of persons or the State. 4. That the petitioner is public spirited person and is permanent resident of village-Haraha, Post-Uchahra Kala, Tappa-Ujiyar, Pargana-Maghar Poorab, Tehsil-Khalilabad, District Sant Kabir Nagar and with consent of villagers he is filing the present writ petition. 5. That the Araji No. 232 area 0.089 hectare recorded as Banjar in revenue record, which is Gram Sabha land and which is used by villagers as Abadi land since their ancestors. 16. That after passing the impugned order several reports have been submitted by authorities concerned and it was assured by respondents that the construction of primary school in Araji No. 232 area 0.089 hectare will be cancelled but the concerned Gram Pradhan is adamant to construct the primary school in which the petitioner came Allahabad on 25.05.2016 but due to unavailability of sufficient documents the present writ petition could not be prepared and after taking some other documents the petitioner again came Allahabad on 16.01.2017 and without any further delay the present writ petition is being filed before this Hon'ble Court as such if there is any delay in filing of the present writ petition, the same may be condoned by this Hon'ble Court otherwise the villagers shall suffer an irreparable loss and injury. 17. That in view of the above facts and reasons it is expedient in the interest of justice that this Hon'ble Court may kindly be pleased to stay the operation and effect of the impugned order dated 27.09.2011 passed by Sub Divisional Magistrate, Khalilabad, District-Sant Kabir Nagar during the pendency of present writ petition before this Hon'ble Court otherwise the villagers shall suffer an irreparable loss and injury.
(3.) Perusal of the impugned order dated 27.09.2011 shows that a primary school was proposed to be opened in the village panchayat in question namely Village Haraha, Vikas Khand Semariyawan, Pargana Maghar Poorab, Tehsil Khalilabad, District Sant Kabir Nagar. Khasra plot no. 232 measuring 0.089 hectare recorded as Banjar in the revenue records was proposed for construction of the primary school. After due inquiry, the proposal was accepted by respondent no. 3 by the impugned order dated 27.09.2011 and accordingly, the aforesaid land was reserved for construction of primary school in the village. It appears that the petitioner started raising objection against the establishment of primary school in the village. This intention of the petitioner is very much evident from his own undated application bearing endorsement of various authorities dated 09.01.2014 filed as Annexure No. 3 to the writ petition in which he stated that over the aforesaid land, construction of a school is not possible and since the land has been reserved for school and as such it cannot be used for any other purpose. He further stated that about 700 meters away from village Haraha there is a primary school in village Safiyabad and as such there is no need for construction of a school in the village.;