AYESHA SIDDIQUA ABBASI Vs. GHALIB INSTITUTE

JUDGEMENT

(1.) The question which has to be resolved at the present stage is whether this Writ Petition is maintainable. The admitted facts are that while no funds or grants are presently received by the Respondent, namely Ghalib Institute, from the Government of India, its income is generated from the letting out of its auditorium, and of two floors to a Bank. Additional income is also received from the public library that is run by the Respondent and from donations received from time to time. Admittedly, the rent was received from a gratutous transfer from the Government of India and the building was also raised from donations received from the public. The Respondent was registered as a society under the Societies Registration Act, 1860 in 1969 and was thereafter converted into a Public Trust in July, 1971.

(2.) Earlier Paragraph 4 of the writ Petition had been locused upon in the Order dated March 8, 2001 which is reproduced for ready reference. Learned Counsel for Respondent No.1 has drawn attention to paragraph 4 of the writ Petition which reads as follows:

(3.) The Court also noted the observations of this Court in Praga Tools Corporation v. Sh. C.A. Imanual (1969) 1 SCC 585; (AIR 1969 SC 1306) as under (at Pp. 1309-1310 of AIR):