V.K. Shukla, J. - (1.) Present writ petition has been filed by Abhay Singh Yadav claiming himself to be the Manager of the Committee of Management Nav Jagran Junior High School, Pephara District Etah, questioning the validity of the action taken by the District Basic Education Officer dated 23.02.2007 attesting the signature of Suresh Chandra Yadav.
(2.) Brief background of the case as mentioned in the writ petition is that in the district of Etah there is society known as Krishak Evam Mazdoor Samajik Samiti Pephara, District Etah which is registered under the Societies Registration Act 1860 on 24.08.1983. Said society had established an institution under the name of Nav Jagran Junior High School, Pephara District Etah since 1982-83. Petitioners have contended that registration of the society was got renewed from time to time and at present its registration is valid uptil 24.08.2010. Petitioners have contended that temporary recognition has been accorded to the petitioners' Junior High School from 6th Standard to 8th Standard and thereafter in the year 1987 petitioners' institution has been accorded permanent recognition. Petitioner no. 2 has contended that all these exercise has been undertaken on the paper submitted by him. Petitioner no. 2 has contended that he is continues to function as Manager since 1982-83 up till and is managing the affairs of the institution and thereafter when institution in question was to be included in the grant-in-aid list of the State Government then at that juncture Suresh Chand Yadav has started manipulating the things to grab the institution and in this background he moved an application through his son before Sub-Divisional Officer, Etah under Sections 33/39 Land Revenue Act alleging therein that the name of the institution from the land over which it is existed be expunged and the land be vested to the Gaon Sabha so that institution in question may not be able to run in future. Petitioner no. 2 has contended that on 17.12.2005 Sub-Divisional Officer, Etah has rejected the application. Petitioners have contended that thereafter totally unwarranted order has been passed on 23.02.2007 by District Basic Education Officer attesting the signature of respondent no. 4. At this juncture present writ petition has been filed.
(3.) Counter affidavit has been filed on behalf of Suresh Chandra Yadav and it has been contended that Krishak Evam Mazdoor Samajik Samiti Pephara, District Etah is not at all running Nav Jagran Junior High School, Pepahra, District Etah and the same has wrongly been shown rather to the contrary Nav Jagran Vidya Parishad Pipahara District Etah which is registered society sicne 15.01.1971 has been running and managing the affairs of the aforesaid institution and Krishak Evam Mazdoor Samajik Samiti Pephara, District Etahhas no concern whatsoever. Contesting respondent has further contended that in the election dated 20.08.1991 he has elected as Manager and petitioner has been elected as Secretary and again in the year 2003 he has been elected as Manager and petitioner has been elected as Secretary. Contesting respondent has further contended that after the election of the year 1992 Basic Shiksha Adhikari attested the signature of respondent no. 4 as Manager on 06.07.1992 and same was countersigned on the same date by District Basic Education Officer. Thereafter signature have been attested on 24.07.2003. It has been sought to be contended that petitioner has tried to grab the institution and no authority has accepted the claim of the petitioner and Deputy Registrar, Firms, Societies and Chits has rejected the claim which order has not been challenged and present action is merely follow up action as such claim, of the petitioner is totally misconceived.;