Admit Heard learned counsel for the petitioner, Sri D.D. Chauhan for the respondent no. 4 Gaon Sabha and the learned Standing Counsel for the respondents 1, 2 and 3.
Issue notice to the respondent no. 5, returnable at an early date.
The petitioner Committee of Management is an Institution registered under the Societies Registration Act, 1860. The disputed holding of Diwari Lal and Smt. Mohar Shree became subject matter of a registered gift deed in favour of the Society/Institution, namely, Vikram Singh Ram Swaroop Memorial Uchchatar Madhyamik Vidhyalaya. A copy of the gift deed has been filed as Annexure 3 to the writ petition.
The transfer having given effect to, a complaint came to be filed by the respondent no. 5 on the ground that the said transaction is in violation of Section 157-A of the U.P. Z.A. & L.R. Act, 1950 as no previous approval of the Collector was obtained before said transfer by way of a gift.
This complaint has been entertained and the impugned orders have been passed against the Institution as well as the tenure holder on the ground that the transaction being void the land now vests in the Gaon Sabha.
Learned counsel for the petitioner submits that Section 157-A would not be applicable in the present controversy and is not attracted keeping in view the words used by the legislature which prohibit the transfer in favour of a person not belonging to a Scheduled Caste. The contention is that the transfer is in favour of an Institution or a Society which does not have any caste and therefore the provisions of Section 157-A are not attracted.
Prima facie the matter requires scrutiny.
Let all the respondents file a counter affidavit within three weeks. Rejoinder affidavit shall be filed within a week thereafter.
Until further orders of the Court, the operation of the orders dated 10.11.2008 and 11.5.2011 shall remain stayed and the respondents are further restrained from interfering with the possession of the land in dispute in any manner whatsoever during the pendency of the writ petition.
Order Date :- 14.9.2011 Sahu