The Allahabad High Court has stayed the order of DM Moradabad to cancel the lease of land given for Titus High School in 1940 and directed to unseal the property which had been sealed.
The Division Bench of Justice Shekhar B Saraf and Justice Manjive Shukla passed this order while hearing a petition filed by Moradabad Regional Conference Moradabad and Another.
Senior Advocate appearing for the petitioners submitted that the perpetual lease of the land in question was granted in favour of the petitioners by the Government in 1940 and on the same land, an institution in the name of Titus High School is running since prior to 1940 and further the said institution is recognised by the competent Board.
Senior Advocate appearing for the petitioners further submitted that a complaint was made to the U.P Minorities Commission and a single member of the said Commission made recommendations to the District Magistrate, Moradabad and on the basis of the said recommendations, the District Magistrate in haste has passed the order dated 13.7.2024 whereby the perpetual lease granted in favour of the petitioners has been cancelled on the ground that petitioners are carrying out new construction over the land without taking permission of the competent authority as contemplated under the terms and conditions of the lease which amounts to breach of terms and conditions of the lease.
Senior Advocate appearing for the petitioners has argued that petitioners are not carrying out any new construction and the impugned order has been passed only due to recommendations made by a single member of the UP Minorities Commission whereas the single member of the Minorities Commission, under the law, cannot make any such recommendation.
Manish Goel, Additional Advocate General appearing for the State respondents, submitted that the District Magistrate, Moradabad has passed the order dated 13.7.2024 independent of the recommendations made by the member of the UP Minorities Commission.
The Court considered the submissions made on behalf of the parties and the Court found that disputed questions are involved in the matter which are required to be considered by the Court.
The Court granted three weeks time to file counter affidavit for the respondents and one week time to file rejoinder affidavit.
“Keeping in view that over the disputed land a recognised school was established prior to year 1940 and continued to run till year 2024 and further the perpetual lease which continued to hold field for more than 80 years has been cancelled by the impugned order dated 13.7.2024, we provide that till the next date of listing, the impugned order dated 13.7.2024 shall remain in abeyance and further the District Magistrate, Moradabad is directed to unseal the property which has been sealed pursuant to the impugned order.
We also direct that the petitioners shall not carry out any construction whatsoever on the disputed property and shall also not change the nature and character of the property in any manner whatsoever,” the order reads.
The Court has fixed the next hearing of the petition on 15.10.2024.
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