GEETA VIDYA PITH, PALAMPUR Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1991-6-9
HIGH COURT OF HIMACHAL PRADESH
Decided on June 04,1991

GEETA VIDYA PITH, PALAMPUR Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

DEVINDER GUPTA,J. - (1.) Petitioner No. 1 is a Society registered under the Societies Registration Act, i860 (Act No. 21 of 1860). Petitioner No. 2 is its President and petitioner No 3 a Member of its governing body. They have filed this Writ Petition under Article 226 read with Article 111 of the Constitution of India seeking directions against the respondents for restoring property of petitioner No 1 to it and to pay damages/use and occupation charges w. e. f. 29th April, 1978 onwards.
(2.) Petitioner No. 1 -Society was registered on 25th May, 1971. Annexure P -1 is the certificate of registration. The aims and objects of the Society as contained in its bye -laws Annexure P -5 are as follows : - - (i) To make the youths self sufficient by propagating amongst them the philosophy of Kararn Yoga of Shree Gecta. (ii) To take the people of the country/State on the path of progress by propagating amongst them to spirit of performing their duties selflessly as propounded in Shree Geeta. (iii) The cause of prevailing unemployment in the country and the State is to forget the overlook the philosophy of Shree Geeta. Therefore, it is necessary to awaken the people and to show them the path of Karatn Yoga* to remove unemployment.
(3.) The Society through a deed of sale Annexure P -3 dated 23rd November, 1973 purchased property situate within the revenue estate Chimbaldwar (Rani Sidhpur), Tehsil Palampur, District Kangra to the extent of 0 -33 -8! Hectares for a consideration of Rs 8,000. Till the month of July/August, 1979, it had with its own funds raised a huge construction thereupon consisting of 22 rooms inclusive of 4 big halls. A School with two wings by the name of Bhartendu Mahavidayalaya was being run in a part of the said building for imparting higher education in Hindi and Sanskrit. Later on, third wing was also added to it for imparting education in Ayurvedic system of medicines and to prepare students for Ayurvedacharya. The School was affiliated to Hindi Sahitya Samelan, Allahabad for the purpose of awarding degrees/certificates. Petitioner No. 3 being founder of the Society and qualified in Ayurveda was appointed as Principal and Head of Ayurveda Wing It is further the case of the petitioners that when during emergency in the year 1976 -77, the management of Ayurveda Wing as well as that of the Society became disorganised due to the arrest of petitioners No. 2 and 3, the Police took over the records of Ayurveda Wing as well as of the Society and certain persons tried to encroach upon its property. The possession of the property is also stated to have been taken by the respondents on 10th October, 1976 on the basis of a resolution of the same day (Annexure R -l), alleged to have been passed by Shri Parkash Chand Kudesha and Gurmukh Singh Bedi, for which they had no authority on behalf of petitioner No.1.;


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