RISHIKUL BRAHAMCHARYA ASHRAM Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner No. 1 Rishikul Brahmacharya Ashrma (hereinafter called the Ashram) has filed this writ petition through its President with a prayer to quash order dated 22nd February, 1981 (Annexure-XII) and order dated 6th March, 1981 (Annexure-XVI) passed by the State Government whereby the State Government has ordered that the property belonging to the Ashram is vested in the Treasurer, Charitable Endowments Uttar Pradesh. This order has been passed under Section 4 of the Charitable Endowments Act of 1890 (hereinafter called the Act) as amended by Uttar Pradesh Charitable Endowments (Extention of Powers) Act of 1950 (U.P. Act No. XX of 1950) (which is hereinafter called the U.P. Act).

(2.) The Ashram is a Society registered under the Societies Registration Act of 1860 and its object is to impart religious education and training and to carry on other activities mentioned in the memorandum of Association which is Annexure-1 to the petition. Various departments of the Institution are described in Annexure-2. Till 1968 the Ashram was receiving Government grant from the Education Department of the State Government and the Central Government. These grants were stopped in the year 1969. The petitioner has purchased land from time to time and it has about 125 Bighas land in its occupation. It appears that the Society was being run by funds donated by its members at Calcutta. On 26th December, 1978 a notice was issued to petitioner No. 1 to show cause why the movable and immovable properties of the Society be not vested in the Treasurer under Sections 3 and 4 of the U.P. Act. This notice is Annexure V to the petition and was replied vide Annexure-VI to the petition. The reply did not satisfy the Government and another notice dated 22nd February, 1981 was issued by the Government which is Annexure-XII to the petition and petitioner No. 1 was informed that the Government has decided to take action under Section 3/4 of the Act as amended by U.P. Act No. XX of 1950. This notice was following by impugned order Annexure-XVI dated 6th March, 1981 by which the properties of petitioner No. 1 have been ordered to vest in the Treasurer of Charitable Endowments.

(3.) Petitioner No. 1 has challenged the validity of notice Annexure-XII and order Annexure-XVI on various grounds but during the course of the arguments only one ground was pressed. This ground is to the effect that the impugned order is not a speaking order. It does not show as to which of the charges were found to have been proved and no reasons have been recorded for passing the order. 3A. We have heard Sri H.S. Nigam learned counsel appearing for the petitioners and Sri Yatindra Singh, learned Addl. Advocate General appearing on behalf of the respondents.