A.P. Sahi, J. - (1.) ADMIT
(2.) HEARD learned counsel for the petitioner, Sri D.D. Chauhan for the respondent No. 4 Gaon Sabha and the learned Standing Counsel for the respondents 1, 2 and 3. Issue notice to the respondent No. 5, returnable at an early date. The petitioner Committee of Management is an Institution registered under the Societies Registration Act, 1860. The disputed holding of Diwari Lal and Smt. Mohar Shree became subject matter of a registered gift deed in favour of the Society/Institution, namely, Vikram Singh Ram Swaroop Memorial Uchchatar Madhyamik Vidhyalaya. A copy of the gift deed has been filed as Annexure 3 to the writ petition.
(3.) THE transfer having given effect to, a complaint came to be filed by the respondent No. 5 on the ground that the said transaction is in violation of Section 157-A of the UP. Z.A. & L.R. Act, 1950 as no previous approval of the Collector was obtained before said transfer by way of a gift. This complaint has been entertained and the impugned orders have been passed against the Institution as well as the tenure holder on the ground that the transaction being void the land now vests in the Gaon Sabha.;