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IN THE HIGH COURT OF ALLAHABAD
B. S. CHAUHAN
KRISHNA ASHRAM EDUCATIONAL TRUST - Appellant
Versus
DISTRICT JUDGE, ALLAHABAD - Respondents
C. M. W. P. 1630 Of 1995
Decided On : 05/18/1995
SOCIETIES REGISTRATION ACT, 1860 - SECTION 5A - REVIEW OF ORDER - JURISDICTION - DISTRICT JUDGE LACKS JURISDICTION TO REVIEW ORDER GRANTING PERMISSION TO SELL LAND UNDER SECTION 5A OF THE ACT.
Fact of the Case:
Petitioner, a registered trust, sought to quash an order by the District Judge modifying an earlier order granting permission to sell a portion of its land. The modification was based on a government order requiring the acquisition of freehold rights before the transfer of leasehold rights.
Finding of the Court:
The court held that the District Judge lacked jurisdiction to review the earlier order as there was no provision under the Societies Registration Act, 1860, conferring such power. The court noted that the power of review must be expressly conferred by law and that the District Judge became functus-officio after granting the initial permission.
Issues: 1. Whether the District Judge had jurisdiction to review the earlier order granting permission to sell the land. 2. Whether the government order requiring the acquisition of freehold rights before the transfer of leasehold rights was applicable.
Ratio Decidendi: 1. The court relied on the principle that courts lack inherent power to reconsider their orders unless expressly authorized by statute. 2. The court found that the Societies Registration Act, 1860, did not confer any power of review on the District Judge. 3. The court also noted that the District Judge had become functus-officio after granting the initial permission.
Final Decision: The court allowed the petition and quashed the impugned order modifying the earlier permission to sell the land.
( 1 ) IN the instant petition the petitioner, a registered Trust, is seeking the quashing of the order passed by the District Judge, Allahabad, respondent No. 1, dated 2-1-1995 (Annexure 6 to the writ petition) passed in misc. case No. 725 of 1994 by which the learned District Judge, respondent No. 1, has modified his earlier order dated 29-10-1994 passed in Misc. Case No. 113 of 1994 (Annexure 4 to the writ petition ).
( 2 ) THE petitioner-society holds perpetual lease rights in plot No. 35, Old Civil Station, 6 Bund Road, Allahabad, measuring 8 acres 3 rods and 21 poles. In the aforesaid land the Society runs a school namely Annuie Besent School for last 50 years. There had been encroachment on the part of the land and in order to prevent further encroachment and for repairing of the School building the Society was in need of money which the Society could not collect by any other means. Thus, in order to remove the financial constraints, the Society in its meeting held on 10-10-1992 resolved to sell a part of the said measuring 12000 sq. Yards and to utilise that amount for constructing the boundary wall and for repairing the building. In pursuance of the said resolution, Misc. Application No. 113 of 1994 (Anexure 2 to the writ petition) was filed on 21-7-1994 by the petitioner-Society before the respondent No. 1 under the provisions of Section 5a of the Societies Registration Act, 1860, seeking the permission for the transfer/sale of the aforesaid part of the land.
( 3 ) THE learned District Judge vide his order dated 26-9-1994 granted the permission to sell the part of the aforesaid land as under:-"having heard the learned counsel for the petitioner and perusing the documents brought on record, I find that there is no impediment in the grant of the permission to sell 12000-sq. Yards of land out of property No. 35, Old. Civil Station, 6 Bund Road, Allahabad, shown by red colour in the plan paper No. 4a/6- (which has been signed by me today ). The above propetry in respect of which permission to sell has been granted shall be sold by public auction under the personal supervision of Shri S. P. Goel, Advocate and Shri Gopal Das Sinha, Advocate. The fact of publication shall be notified in at least two local daily newspapers, one in English and the other in Hindi besides other publicity measures. The property shall be sold to the highest bidders. The minimum amount of bid shall not be less than Rs. 500. 00 per Sq. Yards of the land. Therefore, proposal for sale of the land shall be submitted to this Court for final approval. The land shall be sold only after approval is accorded by this Court. It is also made clear that the sale proceeds shall be deposited in a separate account to be opened in the name of the petitioner-Society in State Bank of India, main branch Allahabad. The amount so deposited shall be defrayed on the construction of the boundary-wall and the maintenance and preservation of the old school building in respect of which proper audited account shall be maintained. "
( 4 ) AFTER obtaining the permission the land in question was auctioned and the highest bid was made by Kartikey Sahkari Avas Samiti @ Rs. 512. 00 per Sq. Yard and thereafter the matter was placed before the District Judge again for his approval, who vide his order dated 29-10-94 (Annexure-4 to the writ petition) accorded his approval as under:-"the public auction has been carried out after due notice published in two local newspapers, one in English and other in Hindi. The hand bills were also distributed. I do not find any ground to reject the offer of the highest bidder. I hereby accord my final approval for the sale of the property to the highest bidder Kartikey Sahkari Avas Samiti at the rate of Rs. 512. 00 per Sq. Yard. The amount of sale proceed shall be deposited and spent in view of my order dated 26-9-94. "
( 5 ) SUBSEQUENTLY the Addl. District Magistrate, Allahabad, filed Misc. Application No. 725 of 1994 (Annexure-5 to th
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