- (1.) This writ petition has been filed by the petitioners one of whom is an educational institution, the other is the Principal of the said institution, as a Public Interest Litigation challenging the order dated 05.02.2015 passed by the Sub Divisional Magistrate, Sadar, Lucknow in the context of an application submitted by Smt. Vindheshwari Devi w/o late Ram Khelawan for measurement/demarcation in relation to Gata No. 3-Sa situated at Village Khargapur, Saraswatipuram near petitioner School, Lucknow inter-alia directing the Station House Officer, Gomti Nagar to ensure that no person creates unnecessary hindrance or interference in the land in possession of the said Smt. Vindheshwari Devi and to maintain law and order on the spot.
(2.) The contention of the learned counsel for the petitioner is that the Sub Divisional Magistrate has veritably recognized the right, title and possession of the Smt. Vindheshwari Devi over the Gata in question whereas part of the said land was sold of by the erst-while co-owner Sri Ram Autar to a society known as Kailash Vihar Sahkari Awas Samiti which sold of the said land in plots to various persons including the petitioner and the portion of the land forming part of Gata no. 3 SA which is the subject matter of dispute is in fact a Park and the opposite party no.8 who has purchased the said land from Smt. Vindheshwari is trying to usurp the same, although, the said sale deed executed in his favour by Smt. Vindheshwari Devi on 24.02.2015 is void for the reason the said land had already been sold of by the co-tenure holder Ram Autar, the brother of Smt. Vindheshwari Devi's - husband Ram Khelawan and the latter sold of the remaining land to another society namely, Priya Sahkari Grih Nirman Samiti, therefore, there was nothing left to be sold out by Smt. Vindheshwari Devi.
(3.) He contended that the land in dispute was originally recorded in the name of Budha and after his death the same came to be recorded in the name of his two sons namely, Sri Ram Autar and Sri Ram Khelawan. Smt. Vindheshwari Devi is the wife of Sri Ram Khelawan. However, in the same vein the learned counsel also submitted that the sale deed executed by Sri Ram Khelawan having been found to be in violation of Section 157-A, of the U.P. Zamindari Abolition and Land Reforms Act, 1950, therefore, as per the consequences mentioned in Section167 of the Act, 1950 the same came to vest in the State as the Vendor Sri Ram Autar belonged to the scheduled caste but had sold of his holding to a non scheduled caste person without the permission of the competent authority, as was mandatory under Section 157 therefore, he stated that it being the land of the State and a Park existing thereon, the same would be protected under the U.P. Parks, Playgrounds and Open Spaces (Regulation and Control) Rules, 2005 (hereinafter referred to as ''the Rules, 2005') which was not only applicable to the Parks belonging to or vested in the Local-bodies but also to Parks owned or occupied by others, thus, for this reason, according to him, the opposite party no.8 should not be allowed to disturb the existing Park on the plot in dispute.;