Vishav Adhiatmik Sangh vs The State Of Haryana And Others on 8 July, 2009

               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                           CHANDIGARH


                                        Civil Writ Petition No.7690 of 2008
                                              Date of Decision: 08.07.2009

Vishav Adhiatmik Sangh
                                                                    Petitioner
                               Versus
The State of Haryana and others
                                                                 Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:       Mr.Ashwani Chopra, Senior Advocate with
               Ms.Shaibya Sood, Advocate for the petitioner
               Mr.Tarunveer Vashisth, Additional Advocate General, Haryana
               Mr.Manish Bansal, Advocate for respondent Nos.2 and 3
                          .....

Jasbir Singh, J.(Oral)

Vide allotment letter dated 10.2.1984 (Annexure P1), a piece of

land, for running a school, was allotted to the petitioner society. School

building was constructed and as per admitted position, school is functioning

at the spot.

Vide order dated 4.10.2006, to run management of that school,

City Magistrate was appointed as an Administrator under the Education Act,

1995. Record shows that in the meantime, site allotted was resumed on

20.9.2006 (Annexure P19) for non-deposit of dues, construction of building

without getting plan sanctioned and some other reasons. Petitioner society

went in appeal, which was dismissed on 29.2.2008 (Annexure P20). As per

provisions of Section 17 of the HUDA Act, 1977, the petitioner society filed

a revision petition, which was also dismissed by observing as under:-

“I have carefully heard the arguments and gone through

the record of the case. The objection raised by DDA, HUDA is

absolutely valid. With effect from 4.10.06, the management
Civil Writ Petition No.7690 of 2008 2

and control of the organization vests in the City Magistrate,

Hisar who has been appointed as the Administrator. The

petitioner has no authority to file the revision petition.

Therefore, the same is dismissed on the ground that it has been

filed by persons who are not authorized to do so. Order has

been reserved in this case after conclusion of arguments. The

same is being pronounced today. May be conveyed to the

parties.”

This Court feels that the revisional authority was not justified

in dismissing the revision petition filed by the petitioner society, by stating

that it was not maintainable being filed by an unauthorized person. It is

apparent from the records that City Magistrate was appointed under the

Education Act, 1955. Property was allotted to the Society and the society

continued to be its owner till such time it is divested of the ownership under

a legal process. Resumption order was under challenge and only the

Society was competent to challenge and not the Manager.

In view of facts mentioned above, this writ petition is allowed,

order dated 17.4.2008 (Annexure P22) is set aside and matter is remitted to

the authority concerned to decide it afresh on merits.

Parties are directed to appear before the revisional authority on

23.7.2009.

The petitioner may move an application for any interim relief

before the revisional authority.

08.07.2009                                   (Jasbir Singh)
gk                                               Judge