- (1.) This petition has been filed by an institution established about a century ago in 1893 by one Munshi Kanh Kunwar Saxena. The institution then established was named as the Diamond Jubilee School. It was raised to the status of a High School and then to an Intermediate College with Arts subject in 1940 and with an additional section of agriculture in 1948. The institution undisputedly has been established and recognized under the U.P. Intermediate Education Act, 1921.
(2.) The Diamond Jubilee School was re-named as Swaroop Narain Inter College and currently the name of the institution is Kanh Kunwar Intermediate College, Kannauj. There is no dispute that this has been done by the permission of the Joint Director (Education), who is the competent authority to do so. The identity of the institution therefore along with its existence is undisputed.
(3.) The present writ petition assails the order of the Collector/District Magistrate, Kannauj dated 23.10.2008. There are two orders annexure-10 and 11 respectively of the same date. The first order is in relation to land where Zamindari has not been abolished and is described as Non-Zamindari Abolition area (In short "Non Z.A. area"). The second area involved is 07.82 acres. order which is annexure-11 to the writ petition, is in relation to an Abadi recorded in the revenue records where it is alleged that zamindari has been abolished. This area is only 0.40 acre of plot no.268M. According to the petitioners' institution the entire land is the play-ground/field of the institution that has been existing since times immemorial and recorded as such.;