# Balwant Educational Society & Ors v. State of U.P.& Ors

- **Citation:** (2025) 11 ILRA 838
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-11-06
- **Case number:** Writ - C No. 10388 of 2019
- **Bench:** Saurabh Shyam Shamshery
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/balwant-educational-society-ors-v-state-of-u-p-ors-54798
- **Pages:** 13

## Headnote

C.S.C., Fuzail Ahmad Ansari, Kartikeya
Saran, Prabhakar Awasthi, Raj Kumar
Mishra, Rajesh Kumar Shukla, Tanisha
Jahangir Monir

ISSUE FOR CONSIDERATION
Whether any individual can claim, as a matter of
right, membership of the Board of Management
and the office of Vice President of Balwant
Educational Society on the basis of the extinct
title of "Raja of Awagarh Estate"; whether
succession to Vice-Presidentship is governed by
the Codicil of 1901 or alleged family custom;
and how the Society is required to be
administered when no valid Committee of
Management exists due to expiry of tenure,
pending litigation, and subsisting interim orders
of the High Court.
HEADNOTE
Societies Registration Act, 1860 - Balwant
Educational Society - Board of Management -
Vice President - Raja of Awagarh Estate -
Codicil of 1901 - Bye-laws of the Society -
Dispute between family members - No existing
Raja - No hereditary or vested right - Expiry of
tenure of Committees of Management - Interim
orders of High Court - Deputy Registrar acting
during pendency of litigation - Power of State
Government to fill vacancies - Clause 6(4) of
Rules - Directions issued.(E-5)
HELD:
There is no existing title such as "Raja of
Awagarh Estate" and, therefore, either of
Anirudh Pal Singh or Jitendra Pal Singh cannot
claim as a matter of right membership of the
Board of Management or Vice-Presidentship of
the Society on that basis. The Codicil of 1901,
only partly placed on record and not referred to
in the Rules or bye-laws of Balwant Educational
Society, cannot be interpreted so as to
determine succession or hierarchy in the Board
of Management. Clause 6(1)(b) of the Rules
does
not
support
any
claim
that
VicePresidentship would vest exclusively in the
eldest son, and no tradition or custom to that
effect has been brought on record. During
pendency of multiple writ petitions and
subsisting interim orders passed by this Court,
the Deputy Registrar had no power to
consider objections or approve any list of
office bearers contrary to such interim orders.
At
present,
no
valid
Committee
of
Management or Board of Management of
Balwant Educational Society. In view of Clause
6(4) of the Rules, the State Government
required to act and fill up the vacancies in the
Board
of
Management.
As
an
interim
arrangement, in the interest of the Society, a
rotational arrangement between the two
brothers for discharge of responsibilities as
Member and Vice President was directed for
equal duration during a term of five years.
The District and Sessions Judge, Agra along
with statutory members shall continue to
discharge obligations
of the Society in
accordance with the Rules. All the writ
petitions were disposed of with observations
and directions. (Para 48)
11 All. Balwant Educational Society & Ors. Vs. State of U.P. & Ors.
839
CASE LAW CITED
Dr. D.P.S. Bhati and Another v. State of U.P.,
2011 (8) ADJ 633;

List of Acts
Societies Registration Act, 1860.

List of Keyword
Balwant
Educational
Society;
Board
of
Management; Committee of Management; Vice
President; Raja of Awagarh Estate; Codicil of
1901; Bye-laws; Defective affidavit; Infructuous
writ petition; Interim order; Expiry of tenure;
Rival
family
dispute;
Rotation
of
Vice
Presidentship; Power of State Government;
Educational institution management.

CASE ARISING FROM
Writ - C No. 10388 of 2019 arising out of
the order dated 17.12.2018 passed by the
Deputy Registrar, Firms, Societies and
Chits, Agra Region, Agra;

Appearances for Parties
Advs For Petitioner: Sri Amit Saxena, Sr. Adv., Sri
Ashok Khare, Sr. Adv., Fuzail Ahmad Ansari,
Mohd. Aadil Siddiqui, Sri P.N. Saksena, Sr. Adv.,
Sri Raj Kumar Mishra.
Advs For Respondents: C.S.C., Learned C.S.C.,
Kartikeya Saran, Prabhakar Awasthi, Raj Kumar
Mishra, Rajesh Kumar Shukla, Tanisha Jahangir
Monir.

## Text

_Characters 0–39,769 of 42,393. This is a partial read: ask again with offset=39769 for what follows._

838 INDIAN LAW REPORTS ALLAHABAD SERIES
Magistrate, Kasganj to make payment of
work done by the petitioners firm
towards the sewerage construction from
Soron Gate Police Chowki to Allahnoor
Saifi's Shop to the extent of work
completed by the petitioner's firm and
towards the supply of clamp with nut bolts
within a period of two months from the
presentation of certified copy of this order.
There shall be no order as to costs.
----------
(2025) 11 ILRA 838
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 06.11.2025

BEFORE

THE HON'BLE SAURABH SHYAM
SHAMSHERY, J.

Writ - C No. 10388 of 2019

Balwant Educational Society & Ors.
 ...Petitioners
Versus
State of U.P.& Ors. ...Respondents

Counsel for the Petitioners:
Amit Saxena (Senior Adv.), Fuzail Ahmad
Ansari, Mohd Aadil Siddiqui, Sri P.N.
Saksena(Senior Advocate)

Counsel for the Respondents:
C.S.C., Fuzail Ahmad Ansari, Kartikeya
Saran, Prabhakar Awasthi, Raj Kumar
Mishra, Rajesh Kumar Shukla, Tanisha
Jahangir Monir

ISSUE FOR CONSIDERATION
Whether any individual can claim, as a matter of
right, membership of the Board of Management
and the office of Vice President of Balwant
Educational Society on the basis of the extinct
title of "Raja of Awagarh Estate"; whether
succession to Vice-Presidentship is governed by
the Codicil of 1901 or alleged family custom;
and how the Society is required to be
administered when no valid Committee of
Management exists due to expiry of tenure,
pending litigation, and subsisting interim orders
of the High Court.
HEADNOTE
Societies Registration Act, 1860 - Balwant
Educational Society - Board of Management -
Vice President - Raja of Awagarh Estate -
Codicil of 1901 - Bye-laws of the Society -
Dispute between family members - No existing
Raja - No hereditary or vested right - Expiry of
tenure of Committees of Management - Interim
orders of High Court - Deputy Registrar acting
during pendency of litigation - Power of State
Government to fill vacancies - Clause 6(4) of
Rules - Directions issued.(E-5)
HELD:
There is no existing title such as "Raja of
Awagarh Estate" and, therefore, either of
Anirudh Pal Singh or Jitendra Pal Singh cannot
claim as a matter of right membership of the
Board of Management or Vice-Presidentship of
the Society on that basis. The Codicil of 1901,
only partly placed on record and not referred to
in the Rules or bye-laws of Balwant Educational
Society, cannot be interpreted so as to
determine succession or hierarchy in the Board
of Management. Clause 6(1)(b) of the Rules
does
not
support
any
claim
that
VicePresidentship would vest exclusively in the
eldest son, and no tradition or custom to that
effect has been brought on record. During
pendency of multiple writ petitions and
subsisting interim orders passed by this Court,
the Deputy Registrar had no power to
consider objections or approve any list of
office bearers contrary to such interim orders.
At
present,
no
valid
Committee
of
Management or Board of Management of
Balwant Educational Society. In view of Clause
6(4) of the Rules, the State Government
required to act and fill up the vacancies in the
Board
of
Management.
As
an
interim
arrangement, in the interest of the Society, a
rotational arrangement between the two
brothers for discharge of responsibilities as
Member and Vice President was directed for
equal duration during a term of five years.
The District and Sessions Judge, Agra along
with statutory members shall continue to
discharge obligations
of the Society in
accordance with the Rules. All the writ
petitions were disposed of with observations
and directions. (Para 48)
11 All. Balwant Educational Society & Ors. Vs. State of U.P. & Ors.
839
CASE LAW CITED
Dr. D.P.S. Bhati and Another v. State of U.P.,
2011 (8) ADJ 633;

List of Acts
Societies Registration Act, 1860.

List of Keyword
Balwant
Educational
Society;
Board
of
Management; Committee of Management; Vice
President; Raja of Awagarh Estate; Codicil of
1901; Bye-laws; Defective affidavit; Infructuous
writ petition; Interim order; Expiry of tenure;
Rival
family
dispute;
Rotation
of
Vice
Presidentship; Power of State Government;
Educational institution management.

CASE ARISING FROM
Writ - C No. 10388 of 2019 arising out of
the order dated 17.12.2018 passed by the
Deputy Registrar, Firms, Societies and
Chits, Agra Region, Agra;

Appearances for Parties
Advs For Petitioner: Sri Amit Saxena, Sr. Adv., Sri
Ashok Khare, Sr. Adv., Fuzail Ahmad Ansari,
Mohd. Aadil Siddiqui, Sri P.N. Saksena, Sr. Adv.,
Sri Raj Kumar Mishra.
Advs For Respondents: C.S.C., Learned C.S.C.,
Kartikeya Saran, Prabhakar Awasthi, Raj Kumar
Mishra, Rajesh Kumar Shukla, Tanisha Jahangir
Monir.

(Delivered by Hon'ble Saurabh Shyam
Shamshery, J.)

1. Heard Sri Ashok Khare, learned
Senior Counsel assisted by Sri Raj Kumar
Mishra, learned counsel for the petitioners
in Writ Petition No.49372 of 2013, Sri
Zeeshan Khan and Sri Ali Bin Saif, learned
counsel for the respondents in above
referred writ petition and for petitioners in
Writ Petition Nos.55196 of 2016, 10388 of
2019 and 18418 of 2023 and Sri Ashok
Khare, learned Senior Counsel assisted by
Sri Raj Kumar Mishra, learned counsel for
the respondents in Writ Petition Nos. 55196
of 2016, 10388 of 2019 and 18418 of 2023.
2. Present bunch of Writ Petitions
are arising out of a dispute regarding
constitution
of
a
Committee
of
Management
to
run
an
Educational
Institution namely Raja Balwant Singh's
College, Agra being run by a registered
Society in the name and style of 'Balwant
Educational Society'.

3. As per bye laws of aforesaid
Society, it has a Board of Management,
which
has
9
members
from
State
Government, a Teacher, a Principal as well
as old students and 13 members are elected
by the Board for a term of 5 years.

4. The dispute appears to be limited
to the election of Vice President of the
Board as per Clause 7 (ii) of Rules of the
Society i.e. Raja of Awagarh. Clause 6 (1)
(b) of Rules of the Society states that
Raja of Awagarh Estate, provided that
whenever, the Raja is a minor the manager
of the post for the time being. The Raja
may nominate his major son to attend
meetings in his absence, will be a
member of the Board.

5. Presently, it is a dispute between
two persons from the Pedigree of Late Raja
of Awagarh Estate. Anirudh Pal Singh,
younger son of Late Digviyal Pal Singh and
on other side Sri Jitendra Pal Singh, eldest
son of Yogendra Pal Singh. Digviyal Pal
Singh was elder brother of Yogendra Pal
Singh.

6. Earlier, a dispute of aforesaid
society in regard to a proposed amendment
in the Rules of the society has reached
before this Court and a co-ordinate Bench
of this Court in Dr. D.P.S. Bhati & Anr Vs.
State of U.P. 2011 (8) ADJ 633 not only
rejected the amendment a judgment dated
25.8.2011, but has observed and deprecated
840 INDIAN LAW REPORTS ALLAHABAD SERIES
the
monetary
dispute
among
family
members. For reference, paragraph 39 of
the
said
judgment
is
reproduced
hereinafter:

 "39. Before parting this Court
would like to state that petitioners' Society
is running a prestigious educational
institution at Agra. The College is one of
the most recognised and acclaimed higher
educational institution at Agra. It is the
duty of all persons concerned including the
members of Society, its office bearers as
also the public in general that for petty
managerial
disputes,
the
educational
institution may not suffer in any manner.
The height institution has reached not only
needs be maintained but attempt should be
made to take it further up and not to bring
down. The education, these days, has
become highly commercialised. It has
become a lucrative business for those who
look upon it as a major intellectual
resource which can yield huge wealth. The
Court is inclined to take judicial notice of
the fact that in respect to certain
professional
courses,
management
of
educational
institutions
are
running
sophisticated and cultured shops collecting
huge money under the table as capitation
fees. They call it by different names like
donation, etc. They provide their own
justification but the fact remains that this
system of imparting education having the
sole capital oriented objective reflects
adversely upon the meritorious but poor
students. Despite merit they remain waiting
in queue being incapable of crossing
monetary hurdle on account of their
poverty. In a country where more than 80%
people are still struggling to cross just the
line which is called above or below poverty
line, one can easily visualise how and in
what manner they can aspire for better
education despite circumstances generated
by
their
poverty.
Unfortunately,
the
educational
authorities
instead
of
functioning with the goal of achieving
constitutional obligation of providing equal
opportunity for education to all, are acting
hand in gloves with education jugglers and
mafias. The system is perishing intellectual
wealth
of
this
country
by
keeping
opportunity of better and higher education
away from the poor creating a great
financial hurdle. I am dismay to observe
that the system has been made to work in
such a manner that one can obtain loan to
purchase a car on a meagre interest rate of
8-9% per annum but financial assistance in
the form of education loan is available at
higher rate of interest i.e. 12-13%. Is it not
a mockery of poor but meritorious students
who though are otherwise entitled to obtain
better education but have paucity of funds.
Their foremost problem is how to survive.
They get little time for them of acquiring
education. The opportunity and avenues as
also the atmosphere has to be created by
welfare Government of the country but the
cancerous
growth
of
self
interest,
corruption and apathy to the welfare of
large section of the society, at the level of
above poverty line/below poverty line, is
eroding
and
vanishing
their
future
prospects. We can boast to have presently
having mushroom growth of educational
institutions
including
privately
owned
universities but the manner they are
working is well known to everyone. So
much so that at one stage even the Apex
Court intervened in a public interest
litigation resulting in making several self
styled universities running in the area of
Madhya
Pradesh
and
Chhattishgarh
unconstitutional. (See Prof. Yashpal v.
State
of
Chhattisgarh,
2005
AIR
2026=(2005) 5 SCC 420). In this difficult
and little bit grim scenario it becomes our
moral and pious duty to protect and save
11 All. Balwant Educational Society & Ors. Vs. State of U.P. & Ors.
841
what we already have in the form of well
established and old educational institution
working like temples of education. There
are some such institutions at Agra which
are relentlessly discharging their social
obligations taking care of people in most
effective and satisfactory manner like Agra
College, St. John's College and petitioners'
College is also one of them. I have quoted
the names just as an illustration and it is
not exhaustive. This Court, though not
issuing
a
command
to
the
people
responsible for management of institution
but would remind them to keep intact the
people's aspiration, they have from the
members
of
Society
responsible
for
effective administration and management
of educational institution run by the
petitioners Society. The petty individual
interest should not score a march over
larger public interest. Come what may, but
the atmosphere of educational institution
should not be affected in any manner
otherwise not only the people of city at
Agra but entire province and may be the
country, (since students comes to this
College across the country) would never
condone the sin. I hope and trust that good
senses shall prevail with the disputing
parties and they shall give serious thought
over the matter so as to work conjointly for
the better and more effective functioning of
educational institution and to raise its
standard sky high."

 (Emphasis Supplied)

7. Despite aforesaid observations,
family members of Late Raja of Awagarh
Estate have not able to resolve their
disputes and to act as one family, at least
for benefit of the Society and legacy of
their forefathers, rather they want to usurp
property and to create disputes.

8. When the matter was heard
finally on 30.10.2025, Sri Jitendra Pal
Singh and Sri Anirudh Pal Singh were
present in Court, However, Court finds that
they were not in talking terms.

9. Initially, they even refused to
shake hands, but on request of this Court,
they shook hands but Court observed that
they have shaken hands as a physical
gesture only and there was no emotional
bonding between two brothers. So far as
age is concerned, Sri Jitendra Pal Singh is
few months older to Sri Anirudh Pal Singh.

10. Now the Court proceeds to
consider writ petitions from oldest to latest
and firstly deals with Writ Petition
No.49372 of 2013.

11. This writ petition was filed by
Sri
A.S.Rajpoot,
Honorary
Secretary,
Balwant Educational Society and Sri
Ambresh Pal Singh, Joint Secretary,
Balwant Educational Society.
12. This writ petition is supported
by an affidavit of one Sri R.K.Agarwal,
who has declared himself to be Incharge of
Legal Cell Balwant Educational Society.

13. In the entire writ petition there
is nothing on record that how Incharge of
Legal Cell Balwant Educational Society
was authorized to swear the affidavit on
behalf of petitioners, therefore, this writ
petition
is
defective
as
it
is
not
accompanied by an affidavit of a person
duly authorized to swear on behalf of the
petitioner. However, considering that this
writ petition is of the year 2013, wherein an
interim order was passed on 4.10.2013,
whereby
the
impugned
order
dated
22.8.2013 was stayed, therefore, perused
the impugned order.
842 INDIAN LAW REPORTS ALLAHABAD SERIES
14. By the impugned order dated
27.6.2012, the Registrar has declared
existing Committee of Management to be
time barred and passed order to appoint an
Authorized Controller.

15. Undisputedly, life of the then
elected
members
of
Committee
of
Management has expired many years ago,
therefore, according to this Court, this writ
petition has rendered infructuous. Even
otherwise, being a defective Writ Petition,
controversy involved therein cannot be
agitated at the instance of a deponent, who
was not authorized to swear the affidavit.
Accordingly, taking note of interim orders,
present Writ Petition is disposed of.

Writ Petition No.55196 of 2016

16.This writ petition was filed by
Sri Babu Lal Gupta, Secretary, Board of
Management,
Balwant
Educational
Society, Agra and by Vice President,
Balwant Educational Society(Sri Jitendra
Pal Singh).

17. This writ petition is supported by
an affidavit of one Sri Richpal Singh, who
has declared himself to be pairokar and
member of petitioner Institution. However,
no supporting document is placed on record.
Even otherwise, there is no resolution in
favour of deponent duly authorized by the
Petitioner
Society
to
swear
affidavit,
therefore, this Writ Petition is also defective.
However, still considering that this writ
petition is pending for last more than 9 years
and an interim order was also passed on
22.11.2016, whereby the effect and operation
of the order dated 19.10.2016 was kept in
abeyance, the impugned order is considered.

18. By way of impugned order dated
19.10.2016, list of office bearers of the
Committee of Management of the year 20162017 submitted by the petitioner was
approved and now by efflux of time and since
term of said list of office bearers of
Committee of Management has already
expired, therefore, present writ petition has
also rendered infructuous. Otherwise also,
this writ petition is defective. Accordingly,
Writ Petition No.55196 of 2016, is disposed
of being infructuous as interim order has
lived his life.

Writ Petition No.10388 of 2019

19.This writ petition was filed by
Sri Babu Lal Gupta, Secretary, Board of
Management, Balwant Educational Society,
Agra through its Vice President, Sri
Jitendra Pal Singh, Balwant Educational
Society, Agra.

20. This writ petition is supported by
an affidavit of one Sri Rais Pal Singh without
disclosing his association either with the
petitioner or with Balwant Educational
Society, Agra in any manner except that he is
a Pairokar. Affidavit states that Deponent is
the Pairokar of the remaining petitioner in the
aforementioned writ petition and its only
interpretation would be that Sri Rais Pal
Singh is one of the petitioner, which is not a
correct position.

21.
As
referred
above,
said
affidavit was filed in a very casual manner
and since it is defective, this Writ Petition
could
be
dismissed.
However,
still
considering it is pending for last more than
6 years and this Court has passed an
interim order dated 28.3.2019, whereby the
operation
of
impugned
order
dated
17.12.2018 passed by the Deputy Registrar,
Firms Societies and Chits Agra Region
Agra was directed to be remain stayed,
therefore, impugned order is perused.
11 All. Balwant Educational Society & Ors. Vs. State of U.P. & Ors.
843
22. By the impugned order dated
17.12.2018, the Deputy Registrar, Firms
Societies and Chits Agra Region Agra, taking
note of an interim order passed by this Court
in other Writ Petition, has refrained to pass
any order and allowed Sri Anirudh Pal Singh
to work as a Vice President of the Society
and as referred above, said legal impediment
if any, now does not remains. However,
considering that the Deputy Registrar, was
considering a list of elected office bearers of
the year 2017-2018 of a Society registered on
10.10.2015 having a life of 5 years, therefore,
period of said elected Committee of
Management has already expired, therefore,
issue involved in the present case has no legal
consequence, therefore, on both grounds that
Writ Petition is defective and nothing left for
adjudication, this writ petition is disposed of
with an observation that interim order passed
by this Court as referred above has lived his
life.

Writ Petition No.18418 of 2023

23. This writ petition was filed by
Sri Rais Pal Singh, Secretary, Board of
Management, Balwant Educational Society,
Agra through its Vice President, Sri
Jitendra Pal Singh, Balwant Educational
Society, Agra.

24.
This
writ
petition
is
accompanied by an affidavit of one Sri Rais
Pal Singh, who is one of the petitioner,
therefore, writ petition is accompanied by a
proper affidavit.

25. In the present writ petition
orders dated 2.12.2022 and 20.2.2023, are
being impugned whereby the District and
Sessions Judge, Agra has authorized
Anirudh Pal Singh to participate in the
meeting of the Committee of Management
as Vice President.
26. In the present case, following
interim order was passed on 25.7.2023:

 " 1. Heard Sri Amit Saxena,
learned Senior Counsel assisted by Sri
Suhail Ahmad Ansari, learned counsel for
the
petitioners
and
learned
Standing
Counsel for the State-respondent nos.1 and
5.

 2. It has been stated by Sri Ashish
Mishra, learned counsel that notice of this
writ petition has wrongly been served upon
him and he does not represent respondent
no.2, who has been impleaded in the
capacity
of
President
of
Balwant
Educational Society, Agra. Appearance of
Sri Mishra is therefore exempted from
further proceedings in this case.

 3. The submission of Sri Saxena
is to the effect that as per the bye-laws of
the Society, District and Sessions Judge,
Agra is its ex officio President and Raja of
Awagarh as Vice President. He submits
that after the merger of the State in the
Indian Union and thereafter with the
declaration of Republic of India under its
Constitution, Rajas ceased to exist and,
therefore, under the Rules of the Society,
the eldest male member of the family of
Raja Balwant Singh was to act as VicePresident and the said system was followed
years after years.

 4. He submits that insofar as the
amendment in the bye-laws is concerned, it
is clearly provided in Clause 16 that no
resolution amending the bye-laws shall
take effect till it is approved by the
Government of U.P. Reference to various
proceedings has been made including an
order dated 28.03.2019 passed in Civil
Misc. Writ Petition No.53773 of 2000. In
the said writ petition challenge was made
844 INDIAN LAW REPORTS ALLAHABAD SERIES
to rejection of approval by the State
Government to the amendment made in the
bye-laws, however, this Court, while
dismissing the writ petition on 25.08.2011,
clearly found that the order impugned was
in consonance with Clause 16 of the
memorandum. A special appeal was filed
against the said order which was ultimately
dismissed as withdrawn in the year 2016.

 5. In the meantime, the petitioner
no.2 was nominated as Vice-President under
the order of the District Judge passed on
30.08.2011. It is contended that thereafter list
of office bearers produced by the respondent
side was finally approved by the Deputy
Registrar, Agra against which two writ
petitions were filed i.e. Writ - C No.55196 of
2016 and Writ - C No.10388 of 2019.

 6. In both the writ petitions, the
orders passed by the Deputy Registrar
were stayed.

 7. It is contended that both the
writ petitions are pending and this Court
has also taken cognizance of violation of
interim orders in contempt proceedings
covered by Contempt Application (Civil)
No.6324 of 2019 with a further submission
that
Deputy
Registrar,
Agra
clearly
communicated on 05.04.2022 that in his
office there is no approved list of the
Committee/Society.

 8. It is contended that the District
Judge, Agra has passed the orders
impugned
dated
02.12.2022
and
20.02.2023 permitting the respondent no.4
to preside the meeting of the Society in the
capacity of Vice President merely by
accepting the request made by the said
respondent.
 9. It is further contended that
though there was no justification for the
District Judge, Agra to issue such orders
on mere asking by the respondent no.4, the
said respondent, at the strength of the same
is acting as Vice-President of the Society
which act on his part is contrary to the
final and interim decisions taken by this
Court in the above referred proceedings.

 10. There being no dispute about
the fact that the District Judge, Agra acts
as President of the Society, considering the
above arguments advanced, various interim
and final orders passed by this Court in
consonance
with
Clause
16
of
the
memorandum,
the
matter
requires
consideration.

 11. Issue notice to respondent
nos.2, 3 and 4, returnable within four
weeks.

 12. Respondents may file counter
affidavits within six weeks. Rejoinder
affidavit, if any, may be filed within two
weeks, thereafter.

 13. List on 20.09.2023 along with
Writ - C No.55196 of 2016 and Writ - C
No.10388 of 2019 before the appropriate
Bench.

 14. As an interim measure, until
further orders, it is directed that the
District Judge, Agra shall exercise his
control over the office of the Society in the
capacity of President as per the bye-laws
and the respondent no.4 shall not be
allowed to function as Vice President."

27. As referred above, due to
interim order passed by this Court,
presently there is no elected Committee of
Management. Even there is a dispute of
Vice President between Sri Jitendra Pal
Singh and Sri Anirudh Pal Singh family
11 All. Balwant Educational Society & Ors. Vs. State of U.P. & Ors.
845
members of Late Balwant Singh, Raja of
Awagarh Estate.

28. It appears that without taking
note of above referred interim order passed
by this Court, a list of office bearers of
Committee of Management headed by
petitioner was presented before Registrar
on 13.5.2021 to renew it from 10.10.2020
to
10.10.2025
and
subsequently,
the
Registrar has passed an order dated
21.6.2025 whereby following order was
passed:

आदेश

 अतः वतटमान में सांस्था में मा० उच्च न्यायालय में
दायर यामचकाओां में पाररत आदेशों के दृमष्टगत/समादर में तथा
यामचकाओां के अधीन प्रकरण में उद्धभूत आपमत्तयों का मनस्तारण के
क्रम में मनम्न आदेश पाररत मकये जाते हैः-

 1. र्ॉ० रईशपाल मसहां के द्वारा प्रस्तुत बैठक की
कायटवाही मदनाांक 05.06.2022 के आधार पर प्रबन्ध समममत की
सूची 2022-23 को पांजीकृत करने का आवेदन, पांजीकत
मनयमावली के प्रावधानों के अनुसार बैठक आहुत नहीं होने, मबना
मकसी मवमधक अमधकाररता के बैठक आहुत दशाटने कमथत बैठक में
सांस्था से बाहरी व्यमक्तयों (Rank outsiders) को सम्ममलत
दशाटने, के कारण उस पर कोई कायटवाही अद्योहस्तािरी के स्तर से
मकया जाना अपेमित नहीं है। तदनुसार एततद्वारा र्ॉ० रईशपाल मसहां
के द्वारा कायाटलय में आवेदन मदनाांक 06.06.2022 के साथ
प्रस्तुत बैठक की कायटवाही मदनाांक 05.06.2022 को मनरस्त
मकया जाता है।

 2. सांस्था के पदेन अध्यि के कमथत आदेश मदनाांक
30.08.2011 के द्वारा िी मजतेन्र पाल मसांह की उपाध्यि पद पर
मनयुमक्त/मनोनयन मकये के दावे का खण्र्न स्वयां तत्कालीन मजला
जज आगरा/पदेन अध्यि वतटमान में सेवामनवृत्त न्यायाधीश मा०
उच्च न्यायालय इलाहाबाद िी सुरेन्र कुमार के द्वारा मकया गया है।
सांस्था की पांजीकृत मनयमावली में पदेन अध्यि/मजला जज आगरा
को प्रबन्धकाररणी में मकसी भी व्यमक्त को उपाध्यि समहत मकसी भी
पद पर मनयुमक्त/मनोनयन का कोई अमधकार नहीं है। इस आधार पर
िी मजतेन्र पाल मसांह सांस्था से मनताांत बाहरी व्यमक्त है। तब कूटरमचत
व िजी आदेश मदनाांक 30.08.2011 से उपाध्यि पद पर िी
मजतेन्र पाल मसांह की कमथत मनयुमक्त/मनोनयन को आधार मानकर
उनकी अध्यिता में बाहरी व्यमक्तयों को सम्ममलत कर दशाटयी गयी
िजी बैठकों पर कोई कायटवाही मकये जाने का मवमधक आधार नहीं
है। तदनुसार एततद्वारा िी मजतेन्र पाल मसांह के द्वारा कायाटलय में
प्रस्तुत बैठकों/आवेदनों को मनरस्त मकया जाता है।

 3. र्ा० रईशपाल मसांह भी सांस्था द्वारा सांचामलत
महामवद्यालय का वषट 2004 से लाइब्रेररयन पद से सेवामनवृत्त
पैंशनभोगी कमटचारी है। प्रबन्ध समममत के द्वारा र्ा० रईशपाल मसांह
को कभी सदस्य नहीं बनाया गया है, र्ा० रईशपाल मसांह का
सोसाइटी की प्रबन्ध समममत से कोई सम्बन्ध व सरोकार स्थामपत नहीं
होने के कारण एततद्वारा र्ा० रईशपाल मसांह के द्वारा कायाटलय में
प्रस्तुत बैठक के आधार पर सूची पांजीकृत हेतु मकये गये
आवेदनों/मशकायतों को मनरस्त मकया जाता है।

 4. जहााँ तक सांस्था की प्रशासमनक एवां मवत्तीय
गमतमवमधयों पर कायाटलय के आदेश मदनाांक 12.06.2020 के
आधार पर रोक लगाये जाने का मवषय है, उक्त सांस्था की
गमतमवमधयों का सांचालन वतटमान में मा० उच्च न्यायालय में
मवचाराधीन यामचका सां0 18418/2023 में पाररत आदेश
मदनाांमकत 25.07.2023 के अनुपालन में जनपद न्यायाधीश
आगरा/पदेन अध्यि के स्तर से सांचामलत होने के कारण कायाटलय
के आदेश मदनाांक 12.06.2020 का कोई मवमधक
अमस्तत्व/प्रभाव नहीं रह गया है। अतः सांस्था की गमतमवमधयों में
मकसी हस्तिेप की आवश्यकता नहीं है।

 5. सांस्था में मवत्तीय अमनयममतताओां की मशकायतों
पर मनस्तारण, सोसाइटी पांजीकरण अमधमनयम 1860 के प्रामवधानों
के तहत उ०प्र० सरकार के सम्प्रेिक से कराये जाने के प्रथक से
आदेश मनगटत मकया जायेगें।"

29. Life of aforesaid Committee of
Management has also expired, therefore,
the order passed passed by Deputy
Registrar, whereby the Committee of
Management of the Society for the year
2022-2023 submitted by Sri Rais Pal Singh
and the authorization of Sri Jitendra Pal
Singh as Vice President was rejected
purportedly on the ground that no such
permission was granted by the District and
846 INDIAN LAW REPORTS ALLAHABAD SERIES
Sessions Judge,Agra vide order dated
30.8.2011, now has no legal consequence.

30. Court finds that once multiple
litigations were pending before this Court
and there were various interim orders
passed by this Court, the Deputy Registrar
has no power to consider any such
objections only on basis of a denial of
signature by the then District and Sessions
Judge,
without
much
material
and
supporting documents. However, the said
order dated 21.6.2025 is not impugned
before this Court.

31. Court takes note of it and finds
that act of Deputy Registrar was contrary to
the law and against interim orders passed
by this Court, specifically when such
earlier attempts were stayed by this Court
and this writ petition which is of the year
2023 is now finally decided by the present
judgment.

32. Today, there is no valid
Committee of Management of the Society
as well as Board of Management of
Balwant Educational Society, Agra and
only reason is the fight between two
brothers, admittedly belongs to a legacy of
late Raja Balwant Singh of Awagarh Estate
as they want to enjoy fruits of the property
acquired by their forefathers without doing
any good work for the society at their own,
rather they still want to carry a tag of
Raja, which does not exist.

33. In the present scenario, Court
finds that use of words like Raja and
Rajkumar are prohibited and recently
the Supreme Court has also objected use of
such words. It appears that both the
brothers are not interested to carry out the
work of Society. Even an attempt to
reconcile the dispute undertaken by this
Court was failed as both brothers are not
even in talking terms.

34. In the aforesaid circumstances,
Court also considers an argument that who
could be the Vice President of the Board of
Management in terms of Codicil of 1901
and bye-laws of the Society.

35. As referred above, according to
bye-laws of the Society, Raja of Awagarh
Estate would be the member of Board of
Management and by virtue of it, he will be
the Vice President.

36. Sri Ashok Khare, learned
Senior Counsel has vehemently referred
Codicil of 1901, specifically paragraph
no.2 of it, which at the outset was opposed
by the learned counsel for the respondents
and the Court also finds that since only two
pages of it are annexed in the present case
and entire codicil is not annexed, therefore,
effect of Clause 2 of said Codicil cannot be
interpreted so much as the hierarchy will
continue only with the eldest son of
erstwhile Raja.

37. Court is also of the view that
referred clause 2 of Codicil is not being
referred in the Rules or bye-laws of the
Society of Balwant Educational Society,
wherein specifically in terms of Clause 6
(1) (b) of Rules of the Society provides that
whenever, the Raja is a minor the manager
of the post for the time being. The Raja
may nominate his major son to attend
meetings in his absence and by virtue of it
he would be the Vice President.

38. Today, there is no Raja or
King. There is only a legacy and in
absence of entire Codicil and the bye-laws
of Balwant Educational Society, reliance
placed
by
learned
Senior
Counsel
11 All. Balwant Educational Society & Ors. Vs. State of U.P. & Ors.
847
appearing on behalf of petitioners has no
legal consequence so much as to determine
that who among the family would become
Member of Board of Management and Vice
President.

39. Presently dispute is amongst
two cousin brothers i.e. Anirudh Pal Singh
and Sri Jitendra Pal Singh. Their respective
fathers were real brothers. However, Court
has already taken note that their relations
are not cordial and due to their infight, loss
is to the object of the Society registered
way back in the year 1960.

40. Court also takes note of Clause
6 (4) of Rules that in the event of the
remaining members of the Board failing to
elect a member to fill up the said vacancy
within the period aforesaid, the State
Government may appoint a person to fill up
the said vacancy.

41. Court is also of the view that
none of the family members of Raja of
Awagarh Estate has come forward to take
place
as
a
Member
of
Board
of
Management, still Board of Management
could survive on the basis of other
members. For reference, constitution of the
Board of Management and its sub-clause 6
and 7 are reproduced hereinafter: .

 "6. Board of Management:

 (1)
The
Management,
superintendence and governance of the
Society and all its institutions shall vest in
the Board of Management, composed of:-

 (a) The District and Sessions
Judge of Agra for the time being.

 (b) The Raja of Awagarh Estate,
provided that whenever the Raja is a minor
the manager of the Estate for the time
being. The Raja may nominate his major
son to attend meetings in his absence.

 (c) The District Inspector of
Schools, Agra for the time being.

 (d) The Civil Surgeon of Agra for
the time being.

 (e) The Principal of the Balwant
Rajput Higher Secondary School, Agra for
the time being.

 (f) The Principal of the Balwant
Rajput Higher Secondary School, Agra for
the time being.

 (g) One teacher of the Balwant
Rajput College in order of seniority as
judged by the length of service in the
College. His term of membership shall be
one year.

 (h) An Old Boy of any of the
institutions maintained by the Society to be
elected by the Board of Management for a
term of three years.

 (i) Thirteen members to be
elected by the Board of Management for a
term of five years commencing from the
date of appointment.

 Provided that in the event of a
question arising as to whether a particular
person is or is not an old boy of the
institutions the decision of the Board of
Management shall be final.

 (2) Any member appointed under
sub-clause (h) or (I) of clause (1) not
attending meetings of the Board for one
year, shall be deemed to have vacated his
office.
848 INDIAN LAW REPORTS ALLAHABAD SERIES
 (3) In case a member of the
Board resigns or otherwise ceases to be a
member of the Board, the remaining
members of the Board may, within three
months of the office of a member falling
vacant, or within such further time as the
State Government may allow, elect another
member to fill up the said vacancy.

 (4) In the event of the remaining
members of the Board failing to elect a
member to fill up the said vacancy within
the period aforesaid, the State Government
may appoint a person to fill up the said
vacancy.

 (5) The first members of the Board
of Management of the Balwant Educational
Society shall be the same as may be members
of the Committee of Management of the
Balwant Rajput Educational Society on the
day of the registration of the Balwant
Educational Society:

 Provided that such of these
members who had been chosen for a fixed
term, shall retire on the expiry of that term.

 7. (i) President: The District and
Sessions Judge, Agra for the time being
shall be the president of the Board, Exofficio.

 (ii) Vice President: The Raja of
Awagarh for the time being shall be the
Vice-President provided that he is not a
minor.

 (iii) Secretary: The Secretary of
the Board shall be elected by the Board
from among its elected members for such
period as the Board may fix.

 The Secretary shall keep a true
and faithful record of the proceedings of all
the meetings of the Board and shall, in
books, to be kept by him enter or cause to
be entered respectively on account of the
Society.

 (iv) Joint Secretary: The Board
may appoint a Joint Secretary from among
its elected members. The Joint Secretary
shall perform such duties as may be
assigned to him by the Secretary from time
to time in writing.

42. In the aforesaid circumstances,
since rival parties i.e. Anirudh Pal Singh
and Sri Jitendra Pal Singh have not able to
take a unanimous decision to come forward
as one of them wants to become Member of
Board
of
Management
with
mutual
agreement, they are barred to interfere in
the day to day working of Board of
Management and they are barred from
entering into the premises of the College
since it is only a case of ego, which has
resulted in filing of number of litigations
before this Court within last more than a
decade. No existence of tradition is brought
on record that Vice President of Society
would only be eldest son.

43. In aforesaid circumstances,
State Government is directed to act and fill
up the vacancies in terms of above referred
clause
of
Board
of
Management.
Meanwhile, the District and Sessions Judge
along with District Inspector of Schools,
Agra and Civil Surgeon Agra along with
other members may continue to discharge
obligations of Balwant Educational Society
in terms of its Rules.

44. With heavy heart, this Court
takes note of the observations made by a
co-ordinate Bench of this Court wayback in
the year 2011, that infight of family
members is destroying basic and pious
11 All. Balwant Educational Society & Ors. Vs. State of U.P. & Ors.
849
object of Balwant Educational Society set
up by their forefathers.

45. Petitioner and Respondent
ought to have carry forwarded their legacy
to show their intent that despite they are not
 Raja still they follow their legacy and
carry forward it with sincerity and honesty.

46. Sri Anirudh Pal Singh and Sri
Jitendra Pal Singh are directed to pay Rs.2
lakhs each from their Bank Account in the
bank account of Balwant Educational
Society to show their bonafide and interest
to carry forward their legacy.

47. State Government is also
directed to look into the affairs that in case
any property or belongings of the society is
sold contrary to the bye-laws of the
Society, appropriate proceedings can be
drawn against the members of the Society.

48.
On
the
basis
of
above
discussion, conclusion and directions are
summarized hereinafter -:

 (i) Presently, there is no title such
as 'Raja of Awagarh Estate', therefore,
either of Aniruddh Pal Singh and Jitendra
Pal Singh, cannot claim as a right a
Member of Board of Management being
Raja
of
Awagarh
Estate
and
accordingly either of them cannot claim as
a right of Vice Presidentship of the
Board also.

 (ii)
Undisputedly,
Balwant
Educational Society was formed from a
trust formed by Late Raja Balwant Singh of
Awagarh in 1901, therefore, to continue
their legacy, one member of their family
despite no one is Raja Awagarh Estate
still become a Member of the Board and
Vice President of the Board.
 (iii) It would always be better and
in the interest of Trust and Society as well
as of legacy, if both brother may take a
considered and unanimous decision and
manner to represent from the family in
Board and to act as Vice President but due
to long litigation and their estranged
relation as shown in Court room, possibility
of any agreed decision is very less.

 (iv) Therefore, Court is proposing
a solution which would be in the interest of
the Board, family, legacy and longer
participation that all brothers in an order
from eldest to youngest (on basis of date of
birth) may become Member and Vice
President for equal duration, during a term
of 5 years i.e. if they are two brothers, they
may become Vice President for 2 years
each. Elder son in first half and younger
son in second half.

 (v) Above arrangement shall
come into force w.e.f. 01.12.2025 and
accordingly, eldest brother Sri Jitendra Pal
Singh will discharge responsibility of
Member and Vice President for first 2
and for remaining period of 2 years,
Aniruddh Pal Singh (younger brother) will
discharge responsibility.

 (vi) Any arrangement that eldest
son(being only eldest son of eldest son of
earlier generation would be Vice President)
is not supported by any provision and if it
was a custom, it would not continue in
changed scenario that now there is no
Raja.

 (vii)
Further
procedure
for
completion of Board shall commence
independently thereafter, so that new list of
members of Board of Management of
Committee be forwarded before 01.01.2026
to Registrar concerned.
850 INDIAN LAW REPORTS ALLAHABAD SERIES
 (viii)
Directions
made
in
paragraph 46 shall also be complied with
before 01.01.2026.

49. With the aforesaid observations
and directions, this writ petition is disposed
of.
----------
(2025) 11 ILRA 850
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 12.11.2025

BEFORE

THE HON'BLE ALOK MATHUR, J.

Writ - C No. 10403 of 2025

Mohammad Juned Khan ...Petitioner
Versus
Addl. Commissioner Administration Iind,
Devi Patan Mandal, Gonda & Ors.
 ...Respondents

Counsel for the Petitioner:
Karunakar Srivastava, Rahul Srivastava,
Shiv Sinha

Counsel for the Respondents:
C.S.C., Pankaj Gupta