The Allahabad High Court has disposed of a petition, since it had already issued a government order, prohibiting commercial activities on recognized school land.
The Division Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava passed this order, while hearing a PIL filed by journalist Radhey Shyam Pandey.
He submitted that there is a registered society in the name and style of “Arya Vidya Prasad Samiti, Thuthibari, Maharajganj” which runs a college by the name of “Radha Kumari Inter College,” Thuthibari, Maharajganj, which imparts education for classes I to XII. The college is constructed on an area of 1.0840 hectares, which also includes a playground.
He further submitted that the college authorities have started raising construction over the open land for the purposes of undertaking commercial activities. The land is offered to shop keepers/street vendors on every Tuesday, Thursday and Saturday of the week and rent is being realized. Besides it, open land is also offered for carrying out marriage functions and other ceremonies and the money generated is utilized for personal gains.
Such activities undertaken by the college authorities are detrimental to the interest of students which should not be permitted. As such, the Court should intervene in the matter and issue appropriate directions restraining the misuse of the college land.
Standing Counsel representing the State-respondents, on instructions, points out that the State Government taking note of mis-utilization of the land in possession of the government recognized and aided institution for purposes other than relating to education has already issued the government order dated September 29, 2012 requiring such institutions to not use the land for holding marriage ceremonies and coaching centers and the DIOS, Maharajganj his letter dated July 5, 2021 has required the institution in question to stop all commercial activities over the open land.
“Having heard counsel for the parties and taking note of the fact that the DIOS, Maharajganj letter dated July 5, 2021 has already taken steps to enforce the Government Order dated September 29, 2012, we are of the view that the grievance of the petitioner stands addressed and no further orders are required to be passed by the Court”, the Court observed.
“Consequently, the writ (PIL) is dismissed. However, we leave it open to the petitioner to re-agitate the issue before the appropriate Authority/Forum in the event the Government Order dated September 29, 2012 is flouted”, the Court ordered.