C/M RAM DULARI BACHNI DEVI HIGHER SECONDARY SCHOOL v. State of U.P. AND 3 OTHERS
WRIC/35517/2024 · 2025-02-13
Arun Kumar Singh Deshwal, Ashwani Kumar Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104654 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104654 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20257-DB Court No. - 29 Case :- WRIT - C No. - 35517 of 2024 Petitioner :- C/M Ram Dulari Bachni Devi Higher Secondary School Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Sharma Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. This writ petition is directed against an order passed by Sub-Divisional Magistrate, Bhognipur, District Kanpur Dehat, dated 17.9.2024, which records that petitioner institution has been constructed on the land of Gram Sabha, and that unless such constructions are removed, the respondents will take legal action against the petitioner. Various submissions are advanced on behalf of petitioner to contend that there is a recognized school running on the land and that petitioner's claim in respect of legality of such construction has not been accorded consideration. Learned Standing Counsel submits that if that be so, the petitioner can always submit a reply raising all defence, which are available to petitioner, in respect of the construction raised on the land of Gram Sabha. In that view of the matter and considering the fact that a recognized educational institution is being run, which is proposed to be demolished, we permit the petitioner to respond to the impugned notice by submitting its reply, annexing all relevant materials in support of its claim, alongwith a certified copy of this order, within two weeks from today. Such claim of the petitioner would be accorded
consideration by the Sub-Divisional Magistrate, Bhognipur, in accordance with law, by passing an appropriate order, within a further period of four weeks, thereafter. Till an appropriate order, in accordance with law, is passed in terms of the above observations, none of the existing constructions will be demolished and petitioner will not raise any further construction, either. With the above observations/directions, this writ petition stands disposed of.
Order Date :- 13.2.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad