The court ruled that leases granted under conflict of interest and without adherence to natural justice principles are void ab initio, emphasizing the need for public officials to maintain integrity in their duties.

JUDGMENT :

1. The Executive Committee of Maulana Mohammad Ali Jauhar Trust through its authorized signatory has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India challenging an Office Memorandum dated 31.01.2023 (for short the ‘Office Memorandum’) issued by the Additional Chief Secretary, Department of Minority Welfare and Waqf, U.P. Civil Secretariat, Lucknow, withdrawing permission to attach Maulana Mohammad Ali Jauhar Trust (for short ‘the Trust’) with the Maulana Mohammad Ali Jauhar Technical and Research Institute, Rampur (hereinafter referred to as ‘the Research Institute’) and grant it on lease to the Trust and further terminating the lease deed dated 04.02.2015 and also the Rectification Deed dated 22.05.2015. A notice dated 15.02.2023 issued by the District Minority Welfare Officer, District Rampur, whereby the Manager of the Trust has been directed to vacate the premises of the Research Institute, has also been challenged. The writ petition was amended pursuant to an order dated 21.03.2023 and a further challenge was made to a notice dated 06.03.2023 issued by the District Minority Welfare Officer directing the Manager of the Trust to vacate the premises within a period of fifteen days, failing which possession would be taken by the Administration. A writ of mandamus has also been prayed for directing the respondents to remove the seal placed on the gate of the institution with a further prayer that the respondents be directed not to take any coercive measure against the petitioner trust on the strength of impugned order/Office Memorandum/notice. An order dated 31.01.2023 issued by the Additional Chief Secretary, Department of Minority Welfare and Waqf, Lucknow, has also been challenged whereby the Divisional Minority Welfare Officer, Moradabad Region, District Moradabad, and the District Minority Welfare Officer, Rampur have been directed to resume possession of the land of the Research Institute and inform the Government about the same.

FRAME OF THE WRIT PETITION

2. The facts of the case, as culled out from the writ petition, are that the petitioner trust is a society registered under the provisions of the Societies Registration Act, 1860, its registration having been granted on 24.04.1995 and renewed from time to time. The primary aims and objectives of the trust, as per the petitioner, is to undertake philanthropic activities for the purposes of fostering scientific temperament among the persons belonging to the minority community and to take steps for their social and educational upliftment as set out in the Memorandum of Association, appended as Annexure No.6 to the writ petition.

3. It is pleaded that, in the year 2005, the then Chief Minister made public announcement for launching different projects for the welfare of the persons belonging to the minority community and, amongst the same, the Government, in remembrance of the contributions made by Maulana Mohammad Ali Jauhar in the freedom struggle as also in the Khilafat Movement, decided to set up a training and research institute in Rampur. It is pleaded that the primary objective of the research institute was to outline and prepare plans for economic and educational developments of the persons belonging to the minority community and the institution was at liberty to run programmes for effective development of such persons. Accordingly, the Department of Minority Welfare and Waqf, Government of U.P. established a research institute at Village Thothar, District Rampur in the name and style of ‘Maulana Mohammad Ali Jauhar Training and Research Institute’ (for short ‘the Research Institute’), which is spread over a total area of 13140 square meters, out of which constructions in the shape of building existed over 4252.07 square meters and the remaining area, i.e. 8887.93 square meters was in the shape of an open land.

4.