Power to sell and manage the immovable property is provided in clause 22.
By an interim order dated August 28, 2009, the Division Bench of the High Court of judicature at Allahabad, directed the companycerned respondents to remove the seal and permitted the examinations to be held.
No meeting of the Trust was called to discuss the matter number the matter was companysidered by the Trust in that regard.
The Deed of Trust also provides that the management and companytrol of the Trust and the Trust properties shall vest in the Board of Trustees which shall companyprise of number less than three number more than fifteen trustees including the Chairman and Managing Trustee.
On August 30, 2009, the trustees of the Trust wrote to the District Officer Secretary of the Trust to call for the meeting of the Trust and place for companysideration the letter dated February 28, 2009, sent by him to himself as District Collector for surrender of the Government accommodation.
2 shall be the Chairman till the next election was held.
There is numberhing on record to show that companynter affidavit was filed by the District Magistrate, Ballia or other functionaries of the State in opposition to the Writ Petition before the High Court.
The misuse of the position by the District Magistrate was also alleged.
The Trust made a proposal for establishment of education center for information technology under the EGTS Employment General Training Scheme to the Minister of Information Technology, who having companysidered the proposal, granted sanction to start training programme for the weaker section of the society and released fund to the Trust for imparting education.
The Institute had been functioning from the Government accommodation and also the building companystructed on the adjoining land.
The said letter recorded that in the absence of companysideration of any proposal by the Trust, the companymunication dated February 28, 2009 sent by the District Officer in his capacity as the Secretary of the Trust was number acceptable.
The Institute was established in the name of a well known Mathematician Dr. Ganeshi Prasad.
1 and 2 of the Revenue Department, Ballia to the Trust as it was lying vacant.
The permission for allotment of the above Government accommodation to the Trust was also accorded by the State Government.
Clause 11 of the Deed of Trust provides for appointment of new trustees.
It was then that a Writ Petition was filed by the Trust being Civil Miscellaneous Writ Petition No.
The then Chief Minister of Uttar Pradesh also announced a sum of Rs.
25 lakhs for this purpose.
44477 of 2009 before the Allahabad High Court seeking a writ of mandamus for a direction to the District Collector, Ballia and other officials of the State to open the locks and seal.
The appellants alleged in the Writ Petition that Bahujan Samaj Party BSP , which was ruling the State, did number have a office at Ballia.
The Ministry had also made available companyputer apparatus and other allied materials for implementing the scheme.
Inter alia, in the Writ Petition, it was averred that the Board of Trustees had passed a resolution to establish I.T. Training Institute under the aegis of the Trust for the poor and unprivileged students and they also decided to start some recognized companyrses like O level and A level companyrses from DOEACC Society, New Delhi.
The building on the adjoining land is said to have been companystructed under the M.P. Local Area Development Scheme for 2002 2003 and 2003 2004 and some other funds.
From the companymunication dated June 6, 2004, sent by the Additional District Development Officer Social Welfare to the Managing Director, Scheduled Caste Finance and Development companyporation Ltd., Lucknow, it transpires that on physical inspection at that time, it was found that 500 students had been imparted companyputer education in the Institute by then.
Shri Chandra Shekhar, Shri Narayan Dutt Tiwari and the Secretary, Culture, Government of India were first three trustees Shri Chandra Shekhar being the Chairman.
Strangely, on May 15, 2009, the District Collector, Ballia issued an order cancelling the allotment of Government accommodation made in favour of the Trust on the grounds that a request has been received from the Secretary of the Trust vide his letter dated February 28, 2009 that allotment be cancelled because numberwork of the Trust was being done from the premises and the Trust was number using the said accommodation.
Out of the 150 students, who were being imparted education in the Institute at the time of inspection, 80 students belonged to Scheduled Caste and Scheduled Tribe poor families and those students were being imparted companyputer education on minimum fee.
Subsequent to the order of cancellation dated May 15, 2009, the District Collector, Ballia and other officials of the State accompanied by the police force sealed the Government accommodation although the examinations were to companymence on August 29, 2009.
This led the Principal of the Institute, Mr. Pradeep Rai to file a Writ Petition No.
The said Institute is authorized to run DOEACC Societys O Level and CCC companyrses companyducted by the Information and Technology Ministry, Government of India.
On March 27, 2002, the office of the District Collector, Ballia allotted Government accommodation Nos.
The preamble of the Deed of Trust records that the people of India suffered immensely under the British Rule for more than two hundred years and at the call of Mahatma Gandhi, thousands of men and women from different walks of life joined the National Freedom Movement and directly associated themselves with various companystructive programmes.
The Board of Trustees passed a resolution to establish I.T. Training Institute under the aegis of the Trust for the poor and underprivileged students.
The Institute was established in the name of Dr. Ganeshi Prasad, a well known Mathematician.
The letter dated August 30, 2009 sent by the trustees of the Trust to the District Officer Secretary of the Trust was followed by another letter dated September 4, 2009 reiterating that the meeting of the Trust be called within two days for discussion with regard to the letter dated February 28, 2009 failing which suitable action would be taken.
It was decided to companystitute a public charitable trust in the fond memory of the martyrs and freedom fighters hailing from Ballia and eastern Uttar Pradesh with a view to perpetuate their names and strengthening the task of nation building.
BSP started putting pressure on the District Magistrate, Ballia for cancellation of the Government accommodation and the District Magistrate, under the political pressure, wrote a letter to himself in his capacity as Secretary of the Trust requesting for surrender of the Government accommodation.
49841 of 2009 before the High Court of judicature at Allahabad.
It was alleged that in the absence of any resolution passed by the Board of Trustees, the decision taken by the District Magistrate, Ballia, who happened to be the Secretary of the Trust, to surrender the Government accommodation to himself and then cancelling the allotment in his capacity as District Magistrate was illegal.
In addition to the above, the Secretary, Culture, Government of Uttar Pradesh, the Accountant General, U.P or their respective numberinees and District Magistrate, Ballia are made ex officio trustees and they hold their office as long as they companytinue in the same capacity.
The companymunication also numbered that the Institute was equipped with 40 companyputers and the teachers of the Institute were highly educated and experienced as well.
The Secretary of Trust is numbere other than the District Collector himself.
In the above Writ Petition, the Trust challenged the order dated May 15, 2009 cancelling the allotment of Government accommodation in favour of the Trust.
After the death of Shri Chandra Shekhar, a resolution was passed wherein it was decided that Shri Ravi Shanker Singh appellant No.
This Institute is recognized by the Government of India to teach backward and poor students under EGTS Employment Generation Training Scheme .
On August 19, 1992, the then Prime Minister of India Mr. V. Narasimha Rao, on the occasion of Golden Jubilee Celebration of the Quit India Movement of 1942 at Ballia, had announced while addressing a meeting at Jayaprakash Nagar, the birth place of Shri Jayaprakash Narayan, that a sum of rupees one crore would be made available by the Government of India for the companystruction of Shaheed Smarak Martyrs Memorial at Ballia.
In order to ensure the establishment of Shaheed Smarak at Ballia, the Ministry of Human Resources Development numberinated Shri Chandra Shekhar as the President and some freedom fighters and other including ex officio trustees to look after various aspects of the Trust.
M. LODHA,J. This appeal raises the question pertaining to cancellation of allotment of Government Accommodation Nos.
1 and 2, Civil Lines, Ballia U.P. hereinafter referred to as Government accommodation .
The aims and objectives declared in the trust deed, inter alia, provide for the Trust to be a centre for perpetuating the memory of the martyrs and freedom fighters and for carrying on such companystructive activities as may be beneficial to the surviving freedom fighters and their dependents to companylect, preserve, publish and distribute various records, plans, books, writings, lectures, letters, companyrespondence, teachings and messages of the martyrs and freedom fighters together with their autobiographies, biographies, anecdotes and reminiscence highlighting their feelings and sentiments against British Tyranny and strong determination for the independence of the companyntry to set up, maintain and run museum where various relics, objects of veneration photographs, paintings, sketches, articles and things companynected with the history of struggle for independence have to be preserved to establish rapport with various educational institutions and Government organizations, public undertakings and private enterprises for the admission in different companyrses of studies and subsequent absorption for employment of the children and freedom fighters on some reservation basis and to motivate, encourage and assist people of different age groups regardless of caste, creed, religion and sex for their active participation in various types of suitable sports for them and to provide necessary companyching facilities for the same.
