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Punjab-Haryana High Court

Rajadevi Goyal Multipurpose College Of ... vs State Of Haryana And Others on 2 August, 2013

Author: Rakesh Kumar Jain

Bench: Rakesh Kumar Jain

           CWP No.16724 of 2013                                 1

           IN THE HIGH COURT OF PUNJAB                                  AND HARYANA
           AT CHANDIGARH

                                                      CWP No.16724 of 2013
                                                      Date of Decision: 02.8.2013

           Rajadevi Goyal Multipurpose College of Education


                                                                    --Petitioner
                                    Vs.

           State of Haryana and others
                                                                    --Respondents

CORAM: Hon'ble Mr.Justice Rakesh Kumar Jain Present: Mr. Vivek Khatri, Advocate, for the petitioner Rakesh Kumar Jain, J, : (Oral) The petitioner has challenged order Annexure P-7 dated 27/28.6.2013 vide which deficiency has been pointed out observing "the Committee decides to issue a show cause notice to the institution on the deficiencies pointed out by the State Government under Section 17 of the NCTE Act, 1993".

Learned counsel for the petitioner has fairly produced before this Court a letter of the Government dated 17.4.2013 in which it has been mentioned that "it is undisputedly clear that Women Degree College is not being run by the Trust for the last more than 6 years, rather some other educational activities are being run. Thus, the Trust has violated the terms and conditions of gift and the gift of land is liable to be cancelled. Moreover, the Trust itself has given its consent for handing over the possession of land and buildings for Government College. Therefore, in exercise of powers conferred Ram Rikhi 2013.08.06 09:40 I attest to the accuracy and integrity of this document CWP No.16724 of 2013 2 under Section 5 B (2) of the Punjab Village Common Lands (Regulation) Act, 1961, the gift of land allowed vide order dated 17.07.1981 issued vide endst No.S-1/DP-81/ 40480-84 dated 28.7.1981 to the Bishnamal Raja Devi Public Charitable Trust (Regd) Pehowa is hereby cancelled and the Trust is directed to hand over the vacant possession of land alongwith buildings constructed thereon to the Gram Panchayat, Bherian".

Once the land and building in which the institution is being run, has been directed to be handed over to the Gram Panchayat, Bherian, the petitioner, at the first instance, is required to challenge the said order dated 17.4.2013 before raising the other grievance as projected in the present writ petition.

At this stage, learned counsel for the petitioner prays for withdrawal of the petition to avail his remedy in accordance with law.

Dismissed as withdrawn.

Liberty is granted.




           02.8.2013                                              ( Rakesh Kumar Jain )
           rr                                                              Judge




Ram Rikhi
2013.08.06 09:40
I attest to the accuracy and
integrity of this document