FR LUCAS I Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING the extraordinary jurisdiction of this Court under art. 226 of the Constitution of India the petitioner, Secretary, Catholic Diocese of indore, has prayed for declaring the Sections 21 (2), 27, 28 and 29 of the M. P. Societies registrikaran Adhiniyam, 1973 (hereinafter referred to as 'the Act') as amended by the m. P. (Sanshodhan) Act (No. 29 of 1998), rule 4 of M. P. Societies Registrikaran adhiniyam, 1998 (for brevity 'the 1998 rules') and Schedule to the said Rule as unconstitutional and to issue a further direction to the respondent No. 2, Registrar of firms and Societies, to refund the amount that has been levied for grant of permission as contemplated under Section 21 (3) read with Schedule to Rule 4.

(2.) THE facts in a nut shell are that the petitioner is the Secretary of Catholic diocess, a society registered under the Act and is represented by its Secretary. The object of the society is to support and maintain the Roman Catholic Bishop and Clergy of the Diocese of Indore and Roman Catholic religious, charitable and educational purposes throughout the diocese of Indore. The membership of the Society is restricted to the members of Catholic clergy and Catholic religious congregation. It is averred that main purpose of the society, as is evident from the bye-laws, is to perform and encourage the services of humanity as per Christian religion of the Roman Catholic faith. As pleaded, for carrying out the activities of society the Diocese desired to purchase the land bearing Khasra Nos. 265/1,266/1 and 266/1 (KA) situated in village Chhota bangadada, Tahsil Indore from certain persons. By the resolution of the Diocese, the petitioner was authorized to do the needful in the matter. A copy of the resolution has been brought on record as Annexure-5. The petitioner entered into an agreement for purchase of the said property with the land owners on 12-4-1999. Each agreement provided for sale consideration of Rs. 4,25,000/-per acre.

(3.) IT is contended that as per the provisions of the Act every society is required to obtain prior permission before purchase of immovable property. As there is a postulate to deposit the fees it was so imposed by the respondent No. 2 which compelled the petitioner to deposit a fee of Rs. 76,501 /- which was done under protest by challan as per annexure-9. After the said deposit was made the respondent No. 2 granted permission under Section 21 on 1-6-1999, as per Annexure-11. In pursuance of such permission the sale deed has been executed in favour of the petitioner on 12-6-1999 and 14-6-1999.