Hon’ble Tarun Agarwala, J.—Prior to 10th May, 1939 there existed the Methodist Episcopal Church, the Methodist Episcopal Church South and the Methodist Protestant Church. It is contended that these three churches merged and became the Methodist Church. At some point of time, the Methodist Church in Southern Asia came into existence and was registered as a Society under The Bombay Public Trust Act, 1950 was also registered under the Societies Registration Act of 1860. The Methodist Church in India became the successor-in-interest of the Methodist Church in Southern Asia in 1982 and necessary amendment in the registration certificate was carried out under the Bombay Public Trust Act as well as under the Societies Registration Act.

2. It is contended that the Methodist Church in India has a large number of properties located at various places in India and that the properties at Bijnor was being looked after by the Moradabad Region of the Methodist Church in India. This Moradabad Region took a decision with prior approval of the central body to sell some agricultural land in order to raise necessary funds for maintenance and management of the churches and its properties. This decision was taken on 5.4.2006, which was approved by the Managing Committee of the Executive Board of the Methodist Church of India on 29.6.2006. Based on the aforesaid decision, the Methodist Church of Moradabad Region issued an advertisement in two daily newspapers, namely, “Dainik Jagran” and “Rastriya Vedana” inviting tenders for sale of the land measuring 2.5453 hectares in Mission Compound, Bijnor. It was contended that the land in question was recorded as an agricultural land in the revenue record.

3. The petitioners submitted a bid of Rs. 3.7 Crores, which after negotiation was increased to Rs. 4.21 Crores and eventually, the said offer was accepted by the Executive Board of the Moradabad Region on 26.11.2006. While accepting the offer, it was made clear, that the payment was to be done by means of a bank draft in the name of the Executive Board of the Methodist Church in India, payable at Mumbai where the Society was registered and its Head Office was located.

4. Pursuant to the offer being accepted by the Methodist Church in India, an application under Section 5-A of the Societies Registration Act, as applicable in the State of U.P., was filed by the Methodist Church before the District Judge, Bijnor seeking permission to sell the land. The Additional District Judge, by its order dated 21.4.2007, granted permission subject to certain conditions, namely:

(a) That the payment would be made directly in the name of the Methodist Church in India, and

(b) The amount would be used to maintain the remaining property of the Methodist Mission Compound at Bijnor.

5. The regional body Moradabad of the Methodist Church in India also filed an application before the District Magistrate seeking permission to sell the land. This was done on account of an interim order dated 7.4.2000, passed by the Lucknow Bench of this Court in Writ Petition No. 1523 (M.B.) of 2000, on the basis of which a Government Order dated 10.8.2000 was issued. The Division Bench in its order dated 7.4.2000 took notice of the fact that a large number of properties of the churches were being alienated or encroached upon and constructions were also being raised and, therefore, directed the Chief Secretary, Government of U.P. to alert all the District Magistrate to take appropriate action with regard to the land of the churches. Based on this interim order, the Government of U.P. issued a Government Order dated 10.8.2000 intimating all the District Magistrate that wherever sale-deeds of the properties of the churches are involved, the District Magistrate should consider the provisions of Sections 1 and 3 of the Places of Worship (Special Provisions) Act, 1991, the Charitable Endowment Act, 1980, the Land Record Manual and the Nazul Manual and wherever previous permission of the District