Case Title: Adarsh Vidya Mandir Society vs. State of Rajasthan and Others
Date of Decision: 24 August, 2023
S.B. Civil Writ Petition No. 1478/2000
Presiding Judge: Hon’ble JUSTICE NUPUR BHATI
Introduction:
This case revolves around a writ petition filed in the High Court of Judicature for Rajasthan at Jodhpur, bearing the reference number S.B. Civil Writ Petition No. 1478/2000. The petitioner in this case is Adarsh Vidya Mandir Society, an educational institution located in Udaipur, Rajasthan, represented by its Secretary, Shri Gaj Singh Mehta. The respondents include the State of Rajasthan through the Revenue Secretary, the Collector of Udaipur, and Madan Gopal Malviya Rajkiya Ayurved Mahavidhyalaya, Amba Mata Scheme, Udaipur.
Facts:
The petitioner, Adarsh Vidya Mandir Society, is an educational institution registered under the Mewar Societies Registration Act, first established in 1942. In 1942, the then Maharana of Mewar granted the petitioner 10 bighas of land free of cost, with the condition that it would be used exclusively for educational purposes. A patta (land grant document) was issued on October 7, 1943, to formalize this arrangement.
However, in 1980, the Collector of Udaipur issued a notice to the petitioner, alleging that they had not utilized a portion of the land, thereby violating the conditions of the patta. The Collector then proceeded to allot a part of this land to Madan Gopal Malviya Rajkiya Ayurved Mahavidhyalaya, another educational institution.
The petitioner contested this decision, arguing that they had not violated the conditions of the patta and that the land was crucial for their educational activities, which included running a primary school with over 1300 students.
The case went through several legal stages, including a writ petition, a special appeal, and remands, during which the court issued directions and observed that the petitioner should be given a reasonable opportunity to be heard. Finally, the case was remanded to the Collector for a fresh decision.
Judgment:
The High Court issued its judgment on August 31, 2023, after hearing arguments from both parties. In its judgment, the court analyzed the facts and legal arguments presented.
The court found that the petitioner had admitted to subletting a portion of the land in its representation to the Collector in 1980. This admission, along with the notice issued by the Collector, formed the basis for the subsequent actions. The court also considered the purpose for which the land was granted, which was for selfless education.
In light of these findings, the court dismissed the petitioner’s writ petition, upholding the Collector’s decision to allot a portion of the land to the respondent institution. The court’s judgment affirmed the importance of adhering to the conditions of land grants and the need for institutions to use such land for the designated purposes.
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Written by Yagya Agarwal
