Kalika Devi Vidyalaya Samit And ... vs Addl. Commissioner Chitrakoot ...
2023 Latest Caselaw 7912 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Reserved on: 09.02.2023
 
Delivered on: 20.03.2023
 
Court No. - 10
 
Case :- WRIT - C No. - 38491 of 1998
 
Petitioner :- Kalika Devi Vidyalaya Samit And Anr
 
Respondent :- Addl. Commissioner Chitrakoot Dham And Ors
 
Counsel for Petitioner :- C.B. Yadav,Nisheeth Yadav
 
Counsel for Respondent :- C.S.C.,Anuj Kumar,D.P. Singh,Krishna Kant Singh,N.K. Dwivedi
 

 
Hon'ble Rohit Ranjan Agarwal,J.

1. Heard Sri C.B. Yadav, learned Senior Counsel assisted by Sri Alok Kumar Yadav, learned counsel for the petitioners and learned Standing Counsel for the State.

2. This writ petition has been filed assailing the order dated 11.11.1998 passed by Additional Commissioner, Chitrakoot Dham at Banda in revision under Section 333 of the U.P.Z.A.& L.R. Act.

3. This is a classic case of usurping the land of Gaon Sabha allotted to an educational institution by the petitioners-Society.

4. The case, in nutshell, is that one society in the name of Jawahar Lal Nehru, High School, Purwa, Tarauha was registered under the provisions of Societies Registration Act, 1860 on 16.06.1965 with an object to impart education among the children of the said village.

5. The said society was allotted land by Gaon Sabha of Khata No.402, Plots No.931 (0.096), 1354 (0.516), 1364/2 (0.324), 1366/1 (0.446), 1370 (0.368), 1376 (0.341), 1377 (0.298) and 1378 (0.753) i.e. 8 plots, total area 3.142 hectares.

6. The school was recorded bhumidhar with non-transferable rights. The school continued to impart education only for Session 1964-65, 1965-66 and 1966-67. The school was closed and it was transferred to District Board, Banda in the year 1967, and two teachers imparting education in the institution were also transferred to the District Board, Banda. The society thereafter from 1967 onwards did not carry out the object for which it was formed, nor any renewal of society was done.

7. By the order of Assistant Registrar, Firms Societies and Chits, Jhansi Division, Jhansi under Section 12-D(1)(b), the registration was cancelled on 19.06.1995.

8. In the meantime, the petitioners got registered a society bearing its registration no.360-A/93-94 in the year 1994 for imparting education to children in an institution known as Kalika Devi Uchchatar Madhyamik Vidyalaya, Tarauha. The petitioner society on 16.08.1994 sent a letter to the office of Assistant Registrar which was received on 20.08.1994 requesting for cancelling the registration of the society known as Jawahar Lal Nehru High School under Section 12-D(1), and transferring the property of the said institution with the petitioners society.

9. After the registration of Jawahar Lal Nehru High School was cancelled on 19.06.1995, the petitioner society filed a Misc. Case No.46/70 of 1995 before the Civil Judge (Senior Division), Banda under Section 13-B read with Section 14 of the Societies Registration Act, 1860 with the prayer that the land which was recorded as bhumidhari with non-transferable rights in the name of Jawahar Lal Nehru High School be transferred to the petitioner society and the said society be dissolved. The Civil Judge (Senior Division), Banda on 12.03.1996 allowed the application and held that the society known as Jawahar Lal Nehru High School stands dissolved in terms of Section 13-B and the property to vest in the petitioner society in terms of Section 14 of the Act of 1860 by order dated 12.03.1996.

10. In the meantime, Gaon Sabha through its Pradhan had moved an application under Section 186 of the U.P.Z.A. & L.R. Act, 1950 before the Assistant Collector, 1st Class, Karvi claiming that the land of Jawahar Lal Nehru High School is abandoned after the registration was cancelled, and the said land may vest with the Goan Sabha. On 29.12.1995, Assistant Collector passed the order holding the land to be abandoned and directed for vesting in the Gaon Sabha.

11. Against the said order, petitioner filed a recall application and by order dated 28.10.1996, the earlier order dated 29.12.1995 was recalled. Against the said order, Gaon Sabha preferred a revision before the Commissioner which was dismissed on 08.07.1997. The matter was heard by the Tehsildar afresh and by judgment dated 06.04.1998, application filed by Gaon Sabha was rejected. Against the said order, Gaon Sabha preferred a revision under Section 333, which was allowed vide judgment dated 11.11.1998, hence the present writ petition.

12. Learned Senior Counsel appearing for the petitioners submitted that as earlier institution, Jawahar Lal Nehru High School was not in operation, the Assistant Registrar had rightly proceeded to cancel the registration of the society on 19.06.1995. According to him, once the registration of the society was cancelled on the misc. case filed by the petitioners before the competent Court under Section 13-B read with Section 14 of the Act of 1860, the order for dissolution of the erstwhile society was passed and the Court ordered for vesting the land of Jawahar Lal Nehru High School with the petitioners society which was carrying on the same object of imparting education.

13. According to learned Senior Counsel, once the judgment was passed by the Civil Court, the Revenue Court exercising power under Section 333 of the Act, 1950 was not competent to pass an order allowing the application for abandonment under Section 186 moved by the Gaon Sabha and vesting land with the Gaon Sabha.

14. Per contra, learned Standing Counsel while vehemently opposing the writ petition submitted that the petitioners society was formed in the year 1994 with the sole object of usurping the land of earlier society registered in the name of Jawahar Lal Nehru High School, and was allotted a large area of 3.142 hectares by Gaon Sabha. He invited the attention of the Court to the timing of the application moved for renewal of the society and the letter of the petitioners society for cancelling the registration of erstwhile society and vesting of the land with the petitioners. He also invited the attention of the Court to the collusive suit which was filed before the Civil Judge, wherein only the earlier society was impleaded as party while claiming relief for vesting the land of the Gaon Sabha recorded with the earlier society as bhumidhar with non-transferable rights without impleading the necessary party, Gaon Sabha.

15. I have heard respective counsel for the parties and perused the material on record.

16. From the documents brought on record, it is clear that the society registered in the name of Jawahar Lal Nehru High School only functioned for three years i.e. for the Session 1964-65, 1965-66 and 1966-67. During the inspection done by the Assistant Registrar as well as Sub-Divisional Magistrate, the said fact has come in the order of the Assistant Registrar passed under Section 12-D(1)(b) cancelling the registration of the said society on 19.06.1995.

17. Since 1967, no education was being imparted in Jawahar Lal Nehru High School, and it was by resolution of 1967 that teachers posted in the said school were transferred to District Board, Banda. For almost 27 years, no initiative was taken by any of the members of the erstwhile society for its renewal/revival and all of sudden in the year 1994 after the petitioners society was registered in the name of Kalika Devi Vidyalaya Samiti that proceedings for cancellation of registration of Jawahar Lal Nehru High School started. The petitioners also participated and forwarded their letter on 16.08.1994 for cancelling the registration of the erstwhile society and vesting of the land of the said institution with the petitioners society.

18. The sole motive was to get 3.142 hectares of vacant land of Jawahar Lal Nehru High School which was allotted by Gaon Sabha way back in the year 1964-65.

19. After the cancellation of the registration of the erstwhile society, the Gaon Sabha rightly moved application under Section 186 for treating the land as abandoned and the same being vested in the Gaon Sabha as the society was not in existence and no teaching was being imparted. The Assistant Collector on 29.12.1995 had rightly passed the order under Section 186 of the Act of 1950.

20. From the reading of the application moved by the petitioners before the Civil Judge (Senior Division), Banda, it is clear that the sole purpose of the petitioners was to take over land of the Gaon Sabha, once the erstwhile society was dissolved under Section 13-B, but the Gaon Sabha which had leased the land to the erstwhile society and being necessary party was not impleaded in the misc. proceedings launched by the petitioners. The proceedings itself were collusive and the order passed by the Civil Judge (Senior Division), Banda on 12.03.1996 has failed to take note that after the dissolution of the erstwhile society under Section 13-B, the land, which was recorded as bhumidhar with non-transferable rights and leased out, could not have been transferred and vested with the society. It is only the competent revenue authority on the resolution of Gaon Sabha can allot the land.

21. The order passed by the Civil Judge (Senior Division) is nullity and cannot be sustained and is hereby set aside to the extent that after the dissolution, property shall vest with the petitioners society under Section 14.

22. This Court is aware of the fact that though the order of the Civil Judge (Senior Division), Banda is not under challenge in the writ petition nor any appeal was preferred against the said order, but in the interest of justice, this Court finds that such judicial orders cannot be passed by the district judiciary, where the land has been let out on lease by the Gaon Sabha to a society shall fall back to the Gaon Sabha as land abandoned once, the registration of such society is cancelled under Section 12-D (1)(b) and dissolution order is passed under Section 13-B.

23. Moreover, the land of Gaon Sabha can only be allotted to any person or society after the resolution is passed by the Gaon Sabha and approval is accorded by the Sub-Divisional Officer. It is not in dispute that the earlier resolution was only for the Jawahar Lal Nehru High School and once, the registration of the society stood cancelled and society stood dissolved, the land leased out by the Gaon Sabha will revert back to it and the proceedings under Section 186 for abandonment at the behest of Gaon Sabha cannot be challenged by a stranger in whose favour there is no resolution of the Gaon Sabha.

24. The Court had wrongly exercised the power under Section 14 of the Act of 1860 by vesting the land of Gaon Sabha with the petitioners society, which was leased out to the erstwhile society, who was recorded as bhumidhar with non-transferable rights. After the cancellation of registration and dissolution of the society, the land would revert back to Gaon Sabha and only after regular allotment proceedings are made then only the land can vest in the petitioners society. By a judicial order, the land of Gaon Sabha cannot be transferred to a stranger society which has been formed only with the intention to take over the land of erstwhile society allotted in the year 1964-65.

25. I find that the Tehsildar was not correct in passing the order dated 06.04.1998 rejecting the application filed by the Gaon Sabha under Section 186.

26. Considering the facts and circumstances of the case, I find that the order dated 11.11.1998 passed by Additional Commissioner, Chitrakoot Dham needs no interference by this Court.

27. The writ petition fails and is hereby dismissed.

28. The Collector, Chitrakoot Dham is hereby directed to get the encroachment, if any, removed over the land of Gaon Sabha. Any illegal possession be removed and peaceful possession be handed over to Gaon Sabha.

29. Registrar, Compliance (Judicial) is directed to transmit the copy of the judgment to the Collector Chitrakoot, within 48 hours from the date of judgment.

Order Date :- 20.3.2023

SK Goswami

[Rohit Ranjan Agarwal, J.]