Partly allowed

Primary School, Village Khubbanpur v. Deputy Director of Consolidation/Collector

Uttarakhand HC22 Nov 2021WPMS/2014/2012

Case brief

AI extract

What is this about?

The petition was a writ application challenging orders passed by the Deputy Director of Consolidation/Collector regarding a private school. The court held that the authorities exceeded jurisdiction by forming a committee to run the school. The appointment of the committee was quashed, while the recording of land in the school's name was upheld.

What did the court decide?

Quashing of the order appointing the committee; other orders upheld.

SL. No.	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGE’S ORDERS
			WPMS No. 2014 of 2012 Shri Sanjaya Kumar Mishra, J. Heard Mr. Tapan Singh, Advocate for the petitioner and Mr. Suyash Pant, Standing Counsel for the State. In this writ application, the petitioner being a private school in Village Khubbanpur, Pargana Bhagwanpur, Tehsil Roorkee, District-Haridwar has prayed for issuance of writ of Certiorari quashing the order dated 18.10.2002 Annexure no. 3 to the writ petition only to the extent of formation of a committee of primary school and for quashing of order dated 24.08.2012 Annexure no. 8 to the writ petition. Both the orders are passed by respondent no. 1-Deputy Director of Consolidation/Collector, Haridwar in this case. The school has filed this writ petition through its Manager Shri Suman Singh Arya, especially challenging the order dated 18.10.2002 Annexure no. 3 whereby the name of Management of the school was deleted and the records have been prepared only in the name of the school. The Deputy Director of Consolidation/Collector, Haridwar however went on to form a committee for the purpose of running of the school. The Sub Collector-cum-Joint Magistrate, Roorkee as a guardian and District Basic Education Officer, Haridwar as the Chairman of the committee of the school. It is apparent that formation of a committee for smooth functioning of the

SL.
No.

Date

Office Notes,
reports,
orders or
proceedings
or directions
and
Registrar’s
order with
Signatures

COURT’S OR JUDGE’S ORDERS

WPMS No. 2014 of 2012
Shri Sanjaya Kumar Mishra, J.
Heard Mr. Tapan Singh, Advocate for
the petitioner and Mr. Suyash Pant,
Standing Counsel for the State.
In this writ application, the petitioner
being
a
private
school
in
Village
Khubbanpur, Pargana Bhagwanpur, Tehsil
Roorkee, District-Haridwar has prayed for
issuance of writ of Certiorari quashing the
order dated 18.10.2002 Annexure no. 3 to
the writ petition only to the extent of
formation of a committee of primary
school and for quashing of order dated
24.08.2012 Annexure no. 8 to the writ
petition. Both the orders are passed by
respondent no.
1-Deputy Director of
Consolidation/Collector, Haridwar in this
case.
The school has filed this writ petition
through its Manager Shri Suman Singh
Arya, especially challenging the order
dated
18.10.2002
Annexure
no.
3
whereby the name of Management of the
school was deleted and the records have
been prepared only in the name of the
school.
The
Deputy
Director
of
Consolidation/Collector, Haridwar however
went on to form a committee for the
purpose of running of the school. The Sub
Collector-cum-Joint Magistrate, Roorkee
as a guardian and District Basic Education
Officer, Haridwar as the Chairman of the
committee of the school.
It is apparent that formation of a
committee for smooth functioning of the

school is not within the scope and ambit of the authorities of the Consolidation. In other words, it cannot constitute a committee or re-constitute a committee to run the school smoothly. Learned counsel for the petitioner is right in pointing out that the Deputy Director of Consolidation / Collector,
Haridwar has exceeded in his jurisdiction by appointing a committee for running the school. Hence, the writ application is allowed in part. The orders passed by the Deputy Director of Consolidation/Collector, Haridwar as far as recording the land in question in the name of the school itself is upheld. However, the order appointing the committee is hereby quashed. To that extent, the writ petition is allowed. There shall be not order as to costs. Urgent certified copy of this order is granted on proper application.
(S.K. Mishra, J.) 22.11.2021 A/-

school is not within the scope and ambit
of the authorities of the Consolidation. In
other
words,
it
cannot
constitute
a
committee or re-constitute a committee to
run the school smoothly.
Learned counsel for the petitioner is
right in pointing out that the Deputy
Director of Consolidation / Collector,

Haridwar has exceeded in his jurisdiction
by appointing a committee for running the
school.
Hence, the writ application is allowed
in part. The orders passed by the Deputy
Director
of
Consolidation/Collector,
Haridwar as far as recording the land in
question in the name of the school itself is
upheld. However, the order appointing the
committee is hereby quashed. To that
extent, the writ petition is allowed.
There shall be not order as to costs.
Urgent certified copy of this order is
granted on proper application.

(S.K. Mishra, J.)
22.11.2021
A/-

Primary School, Village Khubbanpur v. Deputy Director of Consolidation/Collector

Case brief

What is this about?

What did the court decide?

Primary School, Village Khubbanpur v. Deputy Director of Consolidation/Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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