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2011 Supreme(All) 2361

SUDHIR AGARWAL
D. P. S. BHATI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Suresh Kumar, A. Kumar, Shailendra for the Petitioners; C.S.C., B. Narayan Singh, Devendra Pratap, H.N. Singh, M.N. Singh and P.S. Baghel for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Both these writ petitions are connected having common questions of law and facts and related to same institution, a premier and prestigious higher educational institution at Agra, namely, Raja Balwant Singh College, Agra (hereinafter referred to as the “College”).

2. Certain factual matrix giving a bird eye view of the matter to understand the dispute may be stated as under.

3. Under the provisions of Codicil-Will of late Raja Balwant Singh of Awagarh (Etah), a private trust was founded on 31.5.1909. An application was made in the year 1915 to the local Government of United Provinces of Agra and Oudh by majority of members of Committee of Management of Balwant Rajput High School, Agra for security for money and immoveable property and land set forth in Schedule-I. The request was made to vest property in Treasurer of Charitable Endowment for United Provinces of Agra and Oudh (hereinafter referred to as the “Treasurer”) on the following terms: “the income from the funds and property of the Trust shall be applied to the maintenance of the Balwant Rajput High School, Agra, and to the maintenance of the boarding house attached to the said school as la



































































































































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