Pankaj Naqvi, J. - (1.) This writ petition is preferred against the orders dated 28.10.2017 and 31.10.2017 directing for expunction of the names of the petitioners.
(2.) Brief facts giving rise to the writ petition are that respondent No. 6/Committee of Management, Dev Nagri Liter College, Khatta Prahladpur, Pargana, Tehsil and District Baghpat was the recorded tenure holder of Khasra No. 854 (area 2.302 hct. "land in dispute") with transferable rights on the basis of settlement in consolidation under section 117 of U.P.Z.A.& L.R. Act with transferable rights. The Committee of Management of the Inter College resolved on 12.4.1998 and 27.11.1999 that the land in dispute be given for the establishment of a degree college/respondent No. 7 i.e., Seth Tareef Singh Degree College, Khatta Prahladpur, Pargana, Tehsil and District Baghpat, after prior permission of the Joint Director of Education concerned on 12.5.2005. Pursuant thereto a gift deed dated 6.9.2005 came to be executed by respondent No. 6 (Inter College) to respondent No. 7 (Degree College) with prior permission of the Joint Director of Education. The Degree College was recorded the tenure- holder of the land in dispute. The Degree College executed a registered sale-deed dated 22.10.2005 in favour of the petitioners and their 4 brothers as the latter agreed to transfer in exchange khasra No. 969 (area 0.95 hct), khasra No. 972 (area 0.597 hct) and khasra No. 971 (area 0.076 hct) by means of 3 different sale-deeds on 22.10.2005 itself. It is alleged that on account of election rivalry of the Committee of Management, respondent No. 8, the Manager of the Inter College by his brother, got a civil suit filed challenging the gift deed dated 6.9.2005 and the sale-deeds dated 22.10.2005. Respondent No. 8 i.e., the Manager of the Inter College preferred a representation/objection before the District Magistrate, Baghpat on 7.7.2017 highlighting the aforesaid fraudulent transactions with a further request to evict the petitioners from the land in dispute and to restore the name of the Intermediate College in the revenue records. The District Magistrate called for a report. The report indicated that the land in dispute was recorded in the name of Dev Nagri Inter College, land stood vested in the parent education society managing the affairs of the Intermediate College but the said society had no jurisdiction to transfer the land without the permission of the Civil Court in teeth of section 5-A of the Societies Registration Act. The District Magistrate acting on the report directed on 28.10.2017 to cancel the mutation on the strength of sale-deeds/gift deed. Pursuant thereto the A.D.M (F.R), Baghpat 31.10.2017 held that the transaction between the parties as null and void, directed for the expunction of the names of the petitioners from the revenue records and in lieu thereof to substitute the name of Gaon Sabha.
(3.) The gift deed dated 6.9.2005 executed by respondent No. 6, Committee of Management Dev Nagri Inter College, Khatta Prahladpur, Pargana, Tehsil and District Baghpat in favour of respondent No. 7 Committee of Management, Seth Tareef Singh Degree College, Khatta Prahladpur, Pargana, Tehsil and District Baghpat. Land in dispute is void on the ground that Educational Society was not empowered to transfer the land except in accordance with law as provided under section 5-A of the Societies Registration Act. There is nothing on record to indicate that the permission was ever given by the Civil Court. Once the gift deed dated 6.9.2005 is void subsequent transfer after 46 days in favour of petitioners in lieu of proposed exchange is also of no consequence in the eyes of law.;