Court No. - 37
Case :- WRIT - A No. - 14348 of 2019 Petitioner :- Manoj Kumar Dwivedi And 6 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Birendra Singh,Pusp Raj Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the petitioners and the learned Standing Counsel appearing for the State- respondents.
By means of this writ petition the petitioners have come up to this Court challenging the notice issued by the authorized controller dated 5.9.2019 to vacate the premises occupied by the petitioners.
Learned counsel for the petitioners submits that the property in question has been given by the erstwhile ruler to the ancestors of the petitioners where they have constructed their houses and it is not the property of the Institution. That apart, it is further submitted that the authorized controller has no jurisdiction to issue such notice and he can only recommend to the Director of Secondary Education under the provisions of U.P. Educational Institutions (Prevention of Dissipation of Assets) Act, 1974 (in short the 'Act').
I am unable to accept the argument of the learned counsel for the petitioners as the provisions of the Dissipation Act is with regard to dissipation of the assets of the Institution and if such a complaint is made the Director has the power to go into this question and against the order of the Director appeal lies before the State Government. In the present case, the petitioners are claiming that it is their own property for which some of the petitioners have already filed a suit being a Suit No. 323 of 2013.
In case any authority or person is trying to interfere with the possession of the petitioners, it is always open for the petitioners to press for interim injunction in the said suit.
That being the case, the Director cannot decide the title over the land in question, which the petitioners claim as their own. As such, since the petitioners have already approached the court of competent jurisdiction with regard to establishment of their right and title over the land in issue, I am not inclined to interfere with the same.
The writ petition is, accordingly, dismissed.
Order Date :- 26.9.2019 SKM