RAJIV SHARMA,SATISH CHANDRA,J - (1.) HEARD Mr. A. P. Singh Gaur, learned counsel for the appellant and Mr. Prashant Chandra, senior advocate assisted by Mr. Jaspreet Singh, learned counsel for the respondent No. 1.
(2.) IT has been stated by the counsel for the appellant that the land comprised in Khasra Plot No. 648Kha, measuring 4.0469 hectares is situated in Village Kankaha, pargana Nigohan, thesil Mohanlgalganj, district Lucknow. The appellant executed a sale deed in the name of respondent No. 1 on 15.12.2005, which is recorded in the name of the appellant as bhamidhar with transferable rights. Counsel for the appellant submits that the appellant came to know that an application dated 1.12.2006 has been moved in the name of Royal Shiksha Sansthan (respondent) before the All India Council for Technical Education for grant of approval for establishing an institution in the name and style of Lucknow College of Technology and Management (Hotel Management Wing) over the suit property. Counsel for the appellant further submitted that the Society (respondent No. 1) fraudulently and deceitfully applied for and obtained recognition on the basis of false information and forged documents including the fact that instead of showing the building, which could belong or constructed over the property in suit, the building and the property situated on the adjoining land of the appellant was claimed to have been owned by the society. In these circumstances, the appellant lodged a complaint with the respondent No. 2 vide letter dated 25.4.2009 for de -recognition of the society and cancellation of affiliation of the institute. When no action was taken on the complaint of the appellant, a Writ Petition No. 4746 (MB) of 2006, Shivgarh Resort Limited v. Union of India and others, was filed before this Court. A Division Bench of this Court directed the respondent No. 2 to decide the complaint of the appellant by 3rd week of July.
(3.) COUNSEL for the appellant has further submitted that when the appellant show that extensive construction works are under way on the property in question, he also filed a suit for declaration, permanent and mandatory injunction before the trial court on 27.5.2009 which was registered as Regular Suit (No. 158 of 2009) with the title Rakesh Pratap Singh v. Royal Shiksha Sansthan and another, along with application under Order XXXIX, Rules 1 and 2 for interim injunction and another application under Order XXXIX, Rule 7 of the Code of Civil Procedure for appointment of an Advocate Commissioner which were numbered as C -6 and C -10 respectively.;