S.U.KHAN,J. - (1.) - Heard learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) THIS writ petition is directed against judgment and order dated 9.2.2009, passed by D.D.C., Etawah Camp, Kanpur in Revision No. 184/507, Heera Lal Inter College v. State and others. Through the said order, revision was dismissed. Revision was filed against order of S.O.C. dated 5.9.2008, passed in Appeal No. 746. The following property is involved in this writ petition : Plot No. 2266 area 5 bighas. Plot No. 2343 area 4 bighas 12 biswas. (total area 9 bighas 12 biswas). The case of the petitioner was that the Gaon Sabha through resolution dated 31.10.1997 had legally allotted the land to it. The name of the petitioner college was entered in the revenue records by order of C.O., dated 11.6.1998. The land in dispute was earlier entered as Gaon Sabha property and its nature was shown to be usar. Against the order dated 11.6.1998, passed by the C.O., State filed appeal before S.O.C. The S.O.C. in its order dated 5.9.2008 (Annexure-7 to the writ petition) categorically held that in the order of C.O. reference was made to C.H. Form 45, which was prepared at the conclusion of the consolidation operation, hence it was clear that C.O. passed the order after finalization of consolidation proceedings. It was also mentioned that C.O. did not even mention the date of publication under Section 9 of U. P. C. H. Act and no application for condonation of delay was filed.
(3.) THE alleged resolution in favour of the petitioner passed by the Gram Sabha, Binore, dated 31.10.1997 is Annexure-1 to the writ petition. The second proposal mentioned in Annexure-1 was put forward by Shall Kumari, member Gram Sabha to the effect that Heera Lal Inter College was in existence for ten years, hence land must be allotted to it. Thereafter, it was stated that resolution was passed unanimously. Copy of application filed by the petitioner college before C.O. dated 25.11.1997 is Annexure-2 to the writ petition. In the said application, it was stated that land was required for giving practical training to the students in the field of agriculture and for sports and that Gaon Sabha had passed resolution in its favour.;