Sudhir Agarwal, J. - (1.) Heard Sri J.P. Singh, learned counsel for petitioners, Sri Alok Kumar Srivastava, learned counsel for respondents-4 and 5, Sri C.B. Yadav, learned Senior Counsel assisted by Sri Anil Kumar Pandey, Advocate for respondent-6, Sri H.P. Dube, Advocate for respondent-7 and Sri Prashant Mathur, learned Additional Chief Standing Counsel for State-respondents.
(2.) This writ petition has been filed as a "Public Interest Litigation" under Article 226 of Constitution of India praying for a writ of certiorari for quashing order dated 25.12.1997 (Annexure-6 to the writ petition) whereby disputed land reserved for Nursery School and Park has been allotted to respondent-6, Shivam Seva Sansthan.
(3.) Facts in brief, giving rise to this writ petition, are that State Government floated a residential scheme, namely, "Bhujauli Road, Aawasiya Yojana, Aacharya Ramchandra Shukla Nagar, Deoria, pursuant to integrated urban development scheme of Government of India. Scheme was published by District Magistrate, Deoria vide letter dated 26.01.1984. A map of said scheme was also approved by Nagar Palika Parishad, Deoria (hereinafter referred to as "N.P.P., Deoria") wherein in Block-B, a land was marked as Park No. 9 and adjacent thereto, the land was earmarked for Nursery School and both are separately shown in the sanctioned map, copy whereof is filed as Annexure-2 to the writ petition.;