MANAGING COMMITTEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India the petitioners seek to challenge the correctness, Validity and propriety of Memo No. 537 dated 8-4-2002, issued by the District Collector, Katihar whereunder he has cancelled the registration of gift deed No. 14743 dated 21-9-2001 in exercise of the powers vested upon him under Section 68(2) of the Indian Registration Act, 1908.

(2.) THE facts in brief are that certain land was gifted by late Mannalal Sah to the Government of Bihar for establishing a school. THE land came in possession of the school & Managing Committee and school was ultimately established. THE petitioners claim to be the existing Managing Committee of the said Mannalal San Harijan Uchcha Vidyalay, Sakraili. THE said Managing Committee executed the gift deed of the some land on 21-9-2001 in favour of the petitioner No. 2, namely Foundation life for All, which is registered public charitable trust. THE State Government took an exception to this act of the Managing Committee and the Collector under the impugned order (Annexure-1) issued the direction for cancellation of registration of the said gift deed. THE Collector also observed that the said Mannalal Sah had executed a deed of gift No. 3640 on 25-2-1982 for the land in dispute in favour of the Government of Bihar. It appears from the return that the State Government is of the opinion that the land belongs to the State Government, therefore, the Managing Committee of the school has no authority or right title and interest in property to execute the gift deed in favour of petitioner No. 2.