# Executive Committee Maulana Mohd. Ali Jauhar Trust v. State of U.P. & Ors

- **Citation:** (2024) 4 ILRA 1447
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-03-18
- **Case number:** Writ-C No. 7022 of 2023
- **Bench:** Manoj Kumar Gupta, Kshitij Shailendra
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/executive-committee-maulana-mohd-ali-jauhar-trust-v-state-of-u-p-ors-51714
- **Pages:** 42

## Headnote

A. Civil Law - Constitution of India,1950Article 226-The land and building for the
institute were leased to the Trust in 2015
for 33 years at nominal rates, with the
purpose
of
promoting
educational
development for minority communities-The
Trust later established the Rampur Public
school
on
the
premises-The
lease
arrangement resulted from misuse of power
by Mohamammad Azam Khan, the then
Cabinet Minister and the trust's chairman,
causing significant financial loss to the
state-The institute was allegedly used for
private benefits rather than the intended
public purpose-The High Court analyzed the
legality of the lease, procedural lapses, and
whether
the
revocation
of
the
lease
followed due process-The court ruled that
alleged violations of natural justice must be
weighed against the facts of the case, such
violations may not render government
actions invalid-Such transactions are void ab
initio as they violate public trust- allocation
of public property through non-transparent
processes, without competitive bidding,
adherence to financial norms, is void.(Para 1
to 112)

The writ petition is dismissed. (E-6)

List of Cases cited:

## Text

_Characters 0–39,853 of 138,439. This is a partial read: ask again with offset=39853 for what follows._

4 All. Executive Committee Maulana Mohd. Ali Jauhar Trust Vs. State of U.P. & Ors.
1447
15. Accordingly, the petition is
dismissed.
----------
(2024) 4 ILRA 1447
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 18.03.2024

BEFORE

THE HON'BLE MANOJ KUMAR GUPTA, J.
THE HON'BLE KSHITIJ SHAILENDRA, J.

Writ-C No. 7022 of 2023

Executive Committee Maulana Mohd. Ali
Jauhar Trust ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Imran Ullah, Sri Mohd. Khalid, Sri Vineet
Vikram, Sri Kunal Shah, Sri Amit Saxena (Sr.
Adv.)

Counsel for the Respondents:
C.S.C.

A. Civil Law - Constitution of India,1950Article 226-The land and building for the
institute were leased to the Trust in 2015
for 33 years at nominal rates, with the
purpose
of
promoting
educational
development for minority communities-The
Trust later established the Rampur Public
school
on
the
premises-The
lease
arrangement resulted from misuse of power
by Mohamammad Azam Khan, the then
Cabinet Minister and the trust's chairman,
causing significant financial loss to the
state-The institute was allegedly used for
private benefits rather than the intended
public purpose-The High Court analyzed the
legality of the lease, procedural lapses, and
whether
the
revocation
of
the
lease
followed due process-The court ruled that
alleged violations of natural justice must be
weighed against the facts of the case, such
violations may not render government
actions invalid-Such transactions are void ab
initio as they violate public trust- allocation
of public property through non-transparent
processes, without competitive bidding,
adherence to financial norms, is void.(Para 1
to 112)

The writ petition is dismissed. (E-6)

List of Cases cited:

1. A.K. Kraipak Vs U.O.I.(1969) 2 SCC 262

2. Board of Control for Cricket in India Vs
Cricket Assn of Bih.(2015) 2 SCC 251

3. R.Sai Bharathi Vs. J. Jayalalitha & ors.(2004)
2 SCC 9

4. Ori. Olympic Assn thru Gen.Secy. Vs St. of
Ori. & anr.(2017) 14 SCC 22

5. A.C. Muthiah Vs Board of Control for Cricket
in India & ors.(2011) 6 SCC 617

6. Ridge Vs Baldwin (1964) AC 40

7. S.L.Kapoor Vs Jagmohan(1980) 4 SCC 379

8. Malloch Vs Aberdeen Corp. (1971) 2 WLR
1578

9. Glynn Vs Keele Univ. (1971) 1 WLR 487

10.
Cinnamond
Vs
British
Airports
Authority(1980) 1 WLR 582

11. Straughton, L.J., in R. Vs Ealing Magistrates
court ex P Fannaran (1996) 8 Admn LR
351(358)

12. Dharampal Satyapal Ltd. Vs Deputy Commr
of Central Excise Gauhati & ors.(2015) 8 SCC
519

13. Bishambhar Prasad vs Arfat Petrochemicals
Pvt. Ltd & ors.

14. Mohinder Singh Gill Vs The Chief Election
Officer

15. S.L. Kapoor Vs Jgmohan

16. K. Balasubramanian (Ex. Capt.) Vs St. of
TN(1991) 2 SCC 708
1448 INDIAN LAW REPORTS ALLAHABAD SERIES
(Delivered by Hon'ble Manoj Kumar
Gupta, J.
&
Hon'ble Kshitij Shailendra, J.)

1. The Executive Committee of
Maulana Mohammad Ali Jauhar Trust
through
its
authorized
signatory
has
invoked the writ jurisdiction of this Court
under Article 226 of the Constitution of
India challenging an Office Memorandum
dated 31.01.2023 (for short the 'Office
Memorandum') issued by the Additional
Chief Secretary, Department of Minority
Welfare and Waqf, U.P. Civil Secretariat,
Lucknow, withdrawing permission to attach
Maulana Mohammad Ali Jauhar Trust (for
short 'the Trust') with the Maulana
Mohammad Ali Jauhar Technical and
Research Institute, Rampur (hereinafter
referred to as 'the Research Institute') and
grant it on lease to the Trust and further
terminating
the
lease
deed
dated
04.02.2015 and also the Rectification Deed
dated
22.05.2015.
A
notice
dated
15.02.2023 issued by the District Minority
Welfare Officer, District Rampur, whereby
the Manager of the Trust has been directed
to vacate the premises of the Research
Institute, has also been challenged. The writ
petition was amended pursuant to an order
dated 21.03.2023 and a further challenge
was made to a notice dated 06.03.2023
issued by the District Minority Welfare
Officer directing the Manager of the Trust
to vacate the premises within a period of
fifteen days, failing which possession
would be taken by the Administration. A
writ of mandamus has also been prayed for
directing the respondents to remove the
seal placed on the gate of the institution
with a further prayer that the respondents
be directed not to take any coercive
measure against the petitioner trust on the
strength
of
impugned
order/
Office
Memorandum/ notice. An order dated
31.01.2023 issued by the Additional Chief
Secretary, Department of Minority Welfare
and Waqf, Lucknow, has also been
challenged
whereby
the
Divisional
Minority
Welfare
Officer,
Moradabad
Region, District Moradabad, and the
District Minority Welfare Officer, Rampur
have been directed to resume possession of
the land of the Research Institute and
inform the Government about the same.

FRAME OF THE WRIT PETITION

2. The facts of the case, as culled
out from the writ petition, are that the
petitioner trust is a society registered under
the provisions of the Societies Registration
Act, 1860, its registration having been
granted on 24.04.1995 and renewed from
time to time. The primary aims and
objectives of the trust, as per the petitioner,
is to undertake philanthropic activities for
the
purposes
of
fostering
scientific
temperament among the persons belonging
to the minority community and to take
steps for their social and educational
upliftment as set out in the Memorandum
of Association, appended as Annexure No.6
to the writ petition.

3. It is pleaded that, in the year
2005, the then Chief Minister made public
announcement
for
launching
different
projects for the welfare of the persons
belonging to the minority community and,
amongst the same, the Government, in
remembrance of the contributions made by
Maulana Mohammad Ali Jauhar in the
freedom struggle as also in the Khilafat
Movement, decided to set up a training and
research institute in Rampur. It is pleaded
that the primary objective of the research
institute was to outline and prepare plans
for
economic
and
educational
4 All. Executive Committee Maulana Mohd. Ali Jauhar Trust Vs. State of U.P. & Ors.
1449
developments of the persons belonging to
the minority community and the institution
was at liberty to run programmes for
effective development of such persons.
Accordingly, the Department of Minority
Welfare and Waqf, Government of U.P.
established a research institute at Village
Thothar, District Rampur in the name and
style of 'Maulana Mohammad Ali Jauhar
Training and Research Institute' (for short
'the Research Institute'), which is spread
over a total area of 13140 square meters,
out of which constructions in the shape of
building existed over 4252.07 square
meters and the remaining area, i.e. 8887.93
square meters was in the shape of an open
land.

4. It is further pleaded that the
State
Government,
vide
Office
Memorandum dated 20.11.2014, took a
decision to lease out the Research Institute
in favour of the petitioner trust under the
provisions of the Government Grants Act,
1895, as applicable in the State of U.P. and,
in furtherance of the said decision, a lease
deed dated 04.02.2015 was executed
between the Governor of the State and the
petitioner trust and the same was registered
on the same day in Book No.1, Volume
No.6403, Page No.317 to 328 in the office
of Sub-Registrar, Tehsil Sadar, District
Rampur. Further pleadings are that the
lease was granted for a period of 33 years
on receipt of a premium of Rs.1,000/- and
at an annual rent of Rs.100/- with an option
for renewal of the lease for two further
terms of 33 years each, the maximum
period of the lease being 99 years, Though,
Clause 2 of the lease deed casts an
obligation upon the petitioner trust to
ensure that activities are carried out in
furtherance of the aims and objectives set
out in Schedule-II, inadvertently, the said
Schedule and a map exhibiting the
boundaries could not be appended to the
original lease deed. The State Government,
considering the fact that there was a
pressing need for qualitative improvement
of primary and secondary level education
among the minority community, vide
Office Memorandum dated 03.03.2015,
authorized the petitioner trust to make
arrangements in the institution in question
for imparting studies in all subjects of
primary and secondary level of education,
including Urdu, Arabi and Farsi. It is
further pleaded that though Clause 9 of the
lease deed prohibits raising of any pucca
constructions on the open land let out to the
petitioner trust, certain confusion arose, for
removal of which, the State Government,
vide
an
Office
Memorandum
dated
17.03.2015, approved the amendment in
Clause 9 of the lease deed and the words
"pucca construction" were replaced by
words "permanent construction". The case
of the petitioner is that in order to cure the
aforesaid inadvertent omission of not
appending
the
'Schedule'
and
the
subsequent
decision
of
the
State
Government
contained
in
the Office
Memorandum
dated
03.03.2015
and
17.03.2015, a Rectification Deed was
executed between the State Government
and the petitioner trust on 22.05.2015
which was also registered in the office of
Sub-Registrar concerned and, consistent
with the objectives set out in Clause 16 of
the Second Schedule of the amended lease
deed dated 22.05.2015, the petitioner trust,
after obtaining requisite permission, in
June, 2015, established a co-education
school under the name and style of
"Rampur Public School" affiliated to
Central Board of Secondary Education (for
short
C.B.S.E.);
the
affiliation
was
extended from time to time and is still valid
till 31.03.2026. Certain details regarding
strength of students in the said school have
1450 INDIAN LAW REPORTS ALLAHABAD SERIES
been disclosed in the writ petition and the
petitioner's case is that functioning of the
institution is without any complaint or any
other infirmity.

5. According to the petitioner, on
coming of new Government in power in the
year 2017, one Shri Baldev Singh Aulakh, a
Member of U.P. Legislative Assembly and
Minister of State, made certain complaints
before the State Government regarding the
functioning of the petitioner trust and the
Government
constituted
a
Special
Investigation Team (for short S.I.T.) by an
order dated 23.05.2018, whereafter the
Additional Superintendent of Police, S.I.T.,
vide letter dated 07.01.2019, made certain
queries
regarding
the
functioning
of
Rampur Public School by the petitioner
trust. The S.I.T. marked the letter to the
petitioner trust and also to the Principal of
Rampur Public School raising certain
queries and the Principal, vide his letter
dated
24.01.2019,
provided
necessary
information as well as the copies of
relevant documents, as desired by the
Additional Superintendent of Police, S.I.T.
It is further pleaded that the S.I.T.
submitted some report before the State
Government,
whereupon,
the
State
Government,
on
28.01.2023,
took
a
decision to terminate the lease deed dated
04.02.2015, the rectification deed dated
22.05.2015 and also to revoke the Office
Memorandum dated 20.11.2014 whereby
previous Government had let out the
Research
Institute
in
favour of
the
petitioner trust. The orders/ notices and
Office Memorandum impugned in the writ
petition are said to have been issued in
furtherance of the decision of the State
Government.

6. The impugned action has been
challenged mainly on the ground that the
entire exercise leading to passing of the
impugned
orders/
notices/
Office
Memorandum has been carried out in
complete derogation of the principles of
natural justice; that the Government never
issued any show cause notice to the
petitioner regarding alleged breaches and
defaults on the part of the petitioner; and
that
the
Office
Memorandum
dated
31.01.2023 does not disclose any reason
and, hence, the entire action is liable to be
declared illegal and void.

COUNTER AFFIDAVIT

7. A counter affidavit has been
filed on behalf of the State-respondents
stating that Mohd. Azam Khan, being a
Cabinet Minister in the regime of the
previous Government (herein after, for
short 'the Cabinet Minister/ Hon'ble
Minister') holding the porfolio of Minister
of Urban Development and Parliamentary
Affairs with effect from 28.08.2003 to
13.05.2007 and Minister for Minority
Welfare and Waqf, Government of U.P.,
with effect from 15.03.2012 till 19.03.2017,
misused and abused his position to usurp
highly valuable State land and the building
of the Research Institute built from the
State exchequer. The trust was headed by
him only, being the founder and lifetime
Chairman thereof since before execution of
the lease. It is further pleaded that the
petitioner trust, instead of advancing the
objects
of
the
Research
Institute,
established a CBSE recognised school in
the building of the research institute. The
Managing Committee of the said school
comprises mainly of the family members of
Cabinet Minister. It is further pleaded that
Rampur Public School was established over
the land and building without approval
from the Cabinet or competent authority.
Further stand is that Cabinet Minister
4 All. Executive Committee Maulana Mohd. Ali Jauhar Trust Vs. State of U.P. & Ors.
1451
himself determined and fixed premium of
the entire land and building at Rs.1000/-
and annual lease rent of Rs.100/- by
misusing and abusing his position, causing
financial loss to the State exchequer to the
extent of around Rs.20.44 crores. In the
aforesaid background, the present Cabinet
constituted a Special Investigation Team to
enquire and investigate into the entire
transaction.
The
Cabinet
found
the
attachment of the Research Institute with
the Trust and also grant of lease of land and
building of the Research Institute in favour
of the petitioner- Trust to be a result of
gross corruption and fraud and the same
were set at naught.

8. The facts preceding the
execution of lease deed in favour of the
petitioner-trust have been disclosed in the
counter affidavit as follows:-

(i) The erstwhile Government,
ruled by Samajwadi Party, had transferred
1.314 hectares of land of District Jail,
Rampur to the Department of Minority
Welfare and Waqf, State of U.P., vide
Government Order of August, 2004, for
establishment of the Training and Research
Institute. The objectives of the Research
Institute contained in the project report
have been reproduced in the counter
affidavit. For achieving the objectives of
the trust, a building was constructed over
the aforesaid land out of Government
funds. It is further stated that the then Chief
Minister, on his visit to district Rampur,
announced that the Research Institute
would be attached with Maulana Ali
Mohammad
Jauhar
University,
vide
Mukhyamantri Ghoshana (declaration) on
19.12.2012, however, subsequently, the
said Ghoshana (declaration) was modified
on 07.06.2013 to the effect that the said
institute would be attached to the petitioner
trust, a private society. It is further stated
that the Secretary, Minority Welfare and
Waqf Department, on 25.10.2014, reported
that the Government building constructed
on the land had not been utilized for any
purpose, therefore, a proposal had been
sent to the office of the then Chief Minister
who directed to take appropriate decision at
competent level, i.e. the Cabinet on
11.11.2014. The decision of the Cabinet,
contained
in
the
resolution
dated
20.11.2014,
has
been
reproduced
in
paragraph no.19 of the counter affidavit
substantially observing that a document of
lease would be executed in between the
State Government and the Trust, however,
in case the Trust fails to achieve the objects
of the Research Institute, the right to cancel
the lease before its expiry would remain
reserved with the State Government. It is
further pleaded that though asked, the
Department of Finance and Department of
Law did not provide any proper or clear
opinion regarding the lease rent and its
duration, therefore, file was sent for
finalization of the said aspects to the office
of the then Chief Minister on 19.01.2015
and a direction was issued for taking action
at the level of concerned departments as per
the Cabinet decision. Various amendments
in the documents have been spelt out in the
counter affidavit and the stand is that
Rampur Public School started running in
the Government building constructed for
Training and Research Institute on the said
land
since
02.04.2015,
even
before
amendment in the aims and objectives of
the Institute permitting the running of the
school and also before execution of the
amended lease deed dated 22.05.2015. This
became possible in view of enormous
power wielded by the Cabinet Minister of
the concerned Ministry itself. There was
direct conflict of interest between the
Minister and the grant of lease and,
1452 INDIAN LAW REPORTS ALLAHABAD SERIES
therefore, all actions are rendered void ab
initio.
(ii) It is further pleaded that the
State
Government,
by
letter
dated
23.05.2018,
constituted
a
Special
Investigation Team to enquire into the
complaints and the Department of Minority
Welfare and Waqf also sent a proposal for
High
Level
Inquiry
regarding
misappropriation of State land and building
in the garb of advancing the objectives of
the Training and Research Institute, causing
huge financial loss to the State Exchequer.
Regarding the participation of the trust in
the investigation process, the stand is that
during the course of investigation, the S.I.T.
recorded statements of Mr. Naseer Ahmad
Khan, Member of Legislative Assembly/
Secretary of the Trust, who happens to be a
relative of the Cabinet Minister and of Mr.
Sultan Khan, Principal, Rampur Public
School. The report dated 04.07.2019
submitted by the Executive Engineer of
Public
Works
Department,
Rampur
regarding construction of a permanent
structure over the land in violation of the
terms and conditions of the lease deed has
also been referred to and the conclusion
drawn by the S.I.T. in the report has been
reproduced in the counter affidavit apart
from recommendations made by the S.I.T.
regarding cancellation of the lease deed
dated 04.02.2015. It is further stated that
the Department of Home took cognizance
of the report of S.I.T. on 31.01.2020 and a
meeting of High Powered Committee was
convened
on 16.03.2020, headed
by
Additional Chief Secretary, Home and
attended by Principal Secretary, Minority
Secretary Waqf Department, Additional
Chief Secretary (Revenue) and Director
General of Police. The report was further
examined by the said Committee and, after
due diligence, the recommendations were
validated and accepted in toto. Further
pleadings are that pursuant to the impugned
action, correction of entries has already
been incorporated in the relevant records
and regarding opportunity of hearing or
participation
during
the
course
of
investigation, it has been repeatedly stated
that during such investigation, oral/ written
statements were made by the Principal of
Rampur Public School and the Secretary of
the Trust and, hence, office bearers of the
trust and the institution were fully aware of
the ongoing investigation and, therefore, it
cannot be said that they were not provided
any opportunity in the matter.

REJOINDER AFFIDAVIT

9. Rejoinder affidavit filed on behalf
of the petitioners reiterates the stand taken
in the writ petition and by referring to
various
authorities,
emphasis
is
on
adherence to the principles of natural
justice. The participation of the officials of
the trust and Rampur Public School in the
investigation has not been denied, however,
it has been stated that the same can, in no
way, be deemed to be compliance of the
principles of natural justice, particularly,
when the Principal of Rampur Public
School cannot be said to be aware of the
managerial affairs of the trust. Every action
on the part of the State Government leading
to passing of the orders/ notices/ Office
Memorandum has been assailed by taking
various factual and legal pleas.

INTERVENTION BY THIRD PARTIES

10. In the present case, by an order
dated 13.12.2023, an application filed by
Rampur Public School and its Principal
seeking intervention in the writ proceedings
was allowed taking care of the interest of
the students who got affected on account of
impugned action of the State-respondents.
4 All. Executive Committee Maulana Mohd. Ali Jauhar Trust Vs. State of U.P. & Ors.
1453
The reasons are recorded in the said order
itself. By a subsequent order dated
18.12.2023, while reserving judgment in
this case, stand of the State Government
contained in affidavit filed on that day was
recorded to the effect that out of 1479
students in Rampur Public School in
academic session 2022-23, 733 students
had been shifted to other branches of
Rampur Public School, Rampur; that 161
students of Class XII had passed out and
remaining
585
students
had
taken
admission in other schools. Further stand of
the Government is that a meeting was held
on 15.12.2023 with students and their
guardians wherein they did not point out to
any specific problem being faced by the
students. It is also stated that a helpline
desk has been made operational and the
students and parents have been informed
about the same.

COUNSEL HEARD

11. We have heard Sri Amit
Saxena, learned Senior Counsel, assisted by
Mohammad Khalid and Sri Kunal Shah, for
the petitioner and Shri Ajay Kumar Mishra,
learned Advocate General, assisted by Sri
Ajit Singh, learned Additional Advocate
General,
along
with
Sri
Sudhanshu
Srivastava and Sri Ishan Mehta, learned
Additional Chief Standing Counsel for the
respondents.

SUBMISSIONS ON BEHALF OF
THE PETITIONER

12. Learned Senior Counsel for the
petitioner-trust has made the following
arguments:-

(i) Neither any show cause notice
was issued to the petitioner nor any
opportunity of hearing was ever afforded
by the respondents to the petitioner before
passing
the
impugned
order
dated
31.01.2023, whereby the decision dated
20.11.2014
to
grant
lease,
office
memorandum, lease deed and correction
lease deed, were revoked or set aside.
(ii) The impugned order dated
31.01.2023 does not contain any reason,
therefore, the said order as well as all
consequential orders/notices are wholly
invalid.
(iii) The impugned order suffers
from breach of principles of natural justice
and, therefore, all the impugned orders and
the notices deserve to be quashed.
(iv) No material or document on
the basis of which the decision dated
20.11.2014 has been withdrawn or the lease
deed has been cancelled, had been supplied
to the petitioner.
(v) The impugned order has not
been passed on merit and no ground of
cancellation emerges therefrom.
(vi) Impugned order cannot be
supplemented by fresh reasons assigned in
counter affidavit, particularly when neither
any show cause notice was issued nor was
the petitioner confronted with any material
nor any opportunity of hearing was
afforded before passing the impugned
order.
(vii) The allegations of fraud,
conflict of interest or violation of Rules
have been pleaded for the first time in the
counter affidavit and the petitioner was
never put to notice on the said grounds
which might have been reasons behind
taking the action impugned.
(viii)
S.I.T.
sent
letter
dated
07.01.2019 to the District Magistrate,
Rampur, a copy whereof was marked to the
Principal of the School as well as Manager
of the Trust and seven queries raised
through said letter were confined to
running of the school by the Research
1454 INDIAN LAW REPORTS ALLAHABAD SERIES
Institute; recognition granted to the school
inside the premises of the Research
Institute; since when the school was being
run; which subjects and languages were
being taught; what was the number of
officers and employees in the management
of the school; which classes were being run
therefrom and as to whether, apart from
running the school, any research activity
was also being carried out; if yes, what is
the number of the research scholars.
Certain documents were also called from
the petitioner and the petitioner responded
to the communication so made and
answered all the seven points in the
following manner:-

"1- यि मोिाना मोिममद अिी जौिर
ट्रस्र् को उत्तर प्रदेि सरकार द्वारा िीज पर हदया
गया िै।
2- सी.बी.एस.ई. बोडज नई हदलिी द्वारा
पंजीकृत प्रमाण पर्त्र प्रधतधिवप।
3- (क) अनापवत्त प्रमाण पर्त्र आयुि
द्वारा प्रदान हकया गया।
(ख) अनापवत्त प्रमाण पर्त्र नगर पाधिका
द्वारा प्रदान हकया गया।
(ग) अम्ग्न एिं सुरक्षा प्रमाण पर्त्र मुख्य
अम्ग्न िमन अधिकारी द्वारा प्रदान हकया गया।
प्रमाम्णत प्रधतधिवपयााँ संिग्न
4- 2015 से हिन्दी अंिेजी उदूज संस्कृत
भाषायें एिं सी.बी.एस.ई पाठयिम के अनुसार
सारे विषय।
5- प्रिानाचायज, अध्यापक, िेखाकार,
चपरासी, एिम सफाई कमी िेड धमिाकर कुि
40.
6- कक्षा 1 से 11 तक 857 विद्यार्थी।
7- मौिाना मोिममद अिी जौिर पर
िोिकताज एिम उनकी जीिनी और िैिी के बारे
में जानने िािे बिुत से आचायज ि िोिकताज
समय समय आते रिते िैं। और संस्र्थान की
िाइब्रेरी मे मौजूद मोिाना मोिममद अिी
जौिर पर साहित्य का उपयोग करते िै। एिम
समय समय पर मौिाना मोिममद अिी जौिर
पर सेधमनार भी प्रस्तुत हकये जाते िैं।"

(ix)
The
purpose
behind
the
establishment of Research Institute was
never frustrated as the Minority Welfare
and Waqf
Department
of
the
State
Government, vide Office Memorandum
dated
03.03.2015,
itself
permitted
substitution of the objects mentioned in the
detailed project report/ Chief Minister
Declaration, at point no.16 thereof, in the
following manner:-
3. तदनुसार श्री राज्यपाि मिोदय
मौिाना मोिममद अिी जौिर प्रधिक्षण एिं
िोि संस्र्थान, रामपुर के धिए धनिाजररत हकये
गये उद्देश्यों के वबन्दु सं०-16 पर अंहकत उद्देश्य
जो ऊपर प्रस्तर-1 पर अंहकत िै के स्र्थान पर
धनमनधिम्खत उद्देश्य प्रधतस्र्थावपत करने की
सिषज अनुमधत प्रदान करते िैः-
"ितजमान में उदूज, अरबी तर्था फारसी
भाषा में गुणात्मक सुिार, िोि कायज, धनयोजन
तर्था ज्ञानििजन अत्यन्त सीधमत िो गया िै
सार्थ
िी
अलपसंख्यकों
में
प्रार्थधमक
ि
माध्यधमक धिक्षा में भी गुणात्मक सुिार की
आिश्यकता िै। अतः इस वबन्दु को दृवष्टगत
रखते िुए संस्र्थान में प्रार्थधमक ि माध्यधमक
धिक्षा के समस्त विषयों के सार्थ-सार्थ उदूज
4 All. Executive Committee Maulana Mohd. Ali Jauhar Trust Vs. State of U.P. & Ors.
1455
अर्थिा अरबी ि फारसी विषयों में धिक्षा की
व्यिस्र्था करना एिं िोि कायज कराना।
4. मौिाना मोिममद अिी जौिर
प्रधिक्षण एिं िोि संस्र्थान, रामपुर के धिए
धनिाजररत हकये गये िेष उद्देश्य यर्थाित् रिेगें।"
(x) Such decision of the State
Government
was
implemented
and
Schedule II was attached by executing a
supplementary lease deed on 22.05.2015.
The S.I.T. report itself indicates that the
State Government had transferred the
land to the Research Institute in August,
2004 and since the Government was not
able to accomplish the objects set out
behind
establishment
of
Research
Institute, the petitioner-trust, which is a
society registered under the Societies
Registration Act, 1860, since 1995, took
over the building pursuant to resolutions
passed
and
decision
taken
by
the
Government, as noted in the counter
affidavit itself.

CASE LAW CITED ON BEHALF OF
THE PETITIONER

13. Learned senior counsel for the
petitioner, in support of his submissions,
has placed reliance upon the following
authorities:-

(i) Deepak Ananda Patil Vs. State
of Maharashtra and others1;
(ii) Dipak Babaria Vs. State of
Gujarat & others2;
(iii) UMC Technologies Private
Limited Vs. Food Corporation of India and
another3;
(iv) Harbanslal Sahnia and another
Vs. Indian Oil Corporation Ltd. and
others4;
(v)
63
Moons
Technologies
Limited (Formerly Known as Financial
Technologies India Limited) and others Vs.
Union of India and others5;
(vi) Kaushal Kishore Vs. State of
U.P.6;
(vii) Mohinder Singh Gill Vs. Chief
Election Commissioner7;
(viii) Sachidanand Pandey Vs.
State of West Bengal8;
(ix)
Re
Natural
Resources
Allocation9;
(x) Electrosteel Castings Ltd. Vs.
U.V. Asset Reconstruction Company Ltd10.

SUBMISSIONS ON BEHALF OF
THE STATE-RESPONDENTS

14. On the other hand, learned
Advocate
General,
assisted
by
State
Counsel, has structured his arguments
mainly under the following heads:-

(i) Mohammad Azam Khan was the
Cabinet Minister during the period entire
exercise for grant of lease took place. He
used his power and influence in securing
long term lease of 99 years of valuable
State land & building, built from State
fund, for his own Trust. He played the role
of granter and was also the beneficiary.
This was a direct conflict of interest and it
renders the entire exercise void ab initio.
(ii) The petitioner has approached the
Hon'ble Court with unclean hands by
concealing material facts, deserving dismissal
of the petition on this count alone, as justice
and fraud cannot dwell together and fraud
vitiates even a solemn act.
(iii) Alleged breach of principles of
natural justice would be of no significance,
as setting aside of the impugned action on
this ground would revive and restore the
illegal grant and orders, disentitling the
petitioner to any discretionary relief.
(iv) There is flagrant violation of
provisions
of
U.P.
Revenue
Manual
1456 INDIAN LAW REPORTS ALLAHABAD SERIES
regarding grant of lease and fixation of rent
etc.
(v) Creation of temporary posts for
running
Research
Institute
and
then
abolishing them for the purpose of
establishing a school instead of Research
Institute, was a ploy.

15. Elaborating the arguments on the
above noted points, it has been contended that
the Cabinet Minister was holding the portfolio
of Ministery of Urban Development, and
Parliamentary Affairs (w.e.f. 28.08.2003 till
13.05.2007) and Minister for Minority Welfare
and Waqf (w.e.f. 15.03.2012 to 19.03.2017).
Under a pre-meditated design, he, by abusing
his position and power as a Cabinet Minister,
succeeded in usurping highly valuable State
land & building, for his own private Trust in
the garb of reviving and advancing the
objectives of the Research Institute. However,
that was never the intention and, therefore, no
effort was ever made in that direction. Rather,
the Government building and land was utilized
for establishing "Rampur Public School" by
private Committee of Management, controlled
by his family members. The abuse of public
office held by him was to such extent that he
himself determined & fixed premium of the
demised land and building worth 20.44 crores
as Rs.1000/- only & annual lease rent as
Rs.100/-. This was in complete defiance of the
Cabinet decision dated 20.11.2014 that
duration of lease and lease rent would be
determined/fixed separately as per relevant
rules.
The
relevant
extract
of
Office
Memorandum dated 20.11.2014 as well as
Cabinet resolution dated 20.11.2014 is as
below:-

(5) मौिाना मोिममद अिी जौिर
प्रधिक्षण एिं िोि संस्र्थान, रामपुर की भूधम
एिं भिन का मूलय जो प्रचधित धनयमों के
अन्तगजत धनिाजररत िोगा, के सापेक्ष धनिाजररत
िनराधि का धनयमानुसार सांकेधतक मूलय/राधि
राज्य सरकार को हदये जाने के संबंि में उभय
पक्षों के मध्य अनुबन्ि कर धनष्पाहदत हकया
जायेगा।
(6) मोिममद अिी जौिर ट्रस्र् से
समबद्ध की जा रिी/िीज पर दी जा रिी मौिाना
मोिममद अिी जौिर प्रधिक्षण एिं िोि
संस्र्थान, रामपुर की भूधम एिं भिन की िीज
की अिधि एिं िीज रेन्र् का धनिाजरण पृर्थक से
धनयमानुसार हकया जायेगा।
(emphasis supplied)

16. It has further been argued that no
advertisement inviting applications from
public at large for settlement of lease and
management of the Research Institute was
ever published. The Cabinet Minister of the
concerned department, in a completely
surreptitious manner, succeeded in getting the
lease and management rights of the Research
Institute settled in favour of his family Trust.
The long period of lease of 99 years and the
one-sided terms of lease were tailor made to
ensure conferment of rights of permanent
nature in favour of his family trust.

17. It is contended that in the
entire writ petition, it has not been
disclosed anywhere that Mohd. Azam Khan
was the Cabinet Minister at the time when
the entire exercise of execution of lease and
conferment of management rights in the
Training
Institute,
in
favour of
the
petitioner-Trust took place. It is also not
disclosed
that
he
himself
was
the
beneficiary of the allotment made and that
the
petitioner
has
also
suppressed
information regarding the proceedings
undertaken by S.I.T. though the petitioner
was well aware of the same. The argument
4 All. Executive Committee Maulana Mohd. Ali Jauhar Trust Vs. State of U.P. & Ors.
1457
is that the deliberate act of concealment of
material facts has rendered the petition
liable to dismissal solely on the ground of
suppression of material facts as it is an act
of abuse of the process of the Court.
Reference to Chapter XIX of U.P.
Revenue Manual, particularly Clauses
361, 366 and 368, has been made
regarding procedure to be followed while
fixing lease rent and duration thereof. It is
contended
that
in
cases
involving
concession in favour of the lessee
regarding lease rent or premium, the
matter has to be submitted before the State
Government, which procedure has not at
all been followed in the present case.
Moreover, fixation of period of lease as 99
years was also without any approval of the
Cabinet. It is further argued that posts
created to be filled up by Government
Officers for achieving the objectives of the
Research
&
Training
Institute,
vide
Government Order dated 1st August 2006,
were directed to be abolished under
pressure of the Cabinet Minister. Breach
of terms and conditions contained in the
lease deed dated 04.02.2015 has been
elaborately argued stating that Research
Institute
never
came
into
existence
according to the terms of the lease, no
permission to open & run "Rampur Public
School" was obtained and the aim was
profiteering
&
amassing
wealth
by
misusing Government Land & Building
meant for Government Research Institute.
It has further been argued that no fair and
transparent procedure was ever followed
for allotment/leasing of the land/building
in question and the petitioner has not
brought on record any pleading or
document to demonstrate that any legally
recognized procedure was ever followed
prior to the allotment of the land in
question. The property in question belongs
to State Government and is a public
property. Hence, it was the Cabinet
Minister's public duty to ensure that the
property was allotted in favour of eligible
person by following the procedure laid
down by the State Government. However,
he misused his power to procure lease for
his family trust, at a throw-away price.

CASE LAW CITED ON BEHALF
OF THE RESPONDENTS

18. Learned counsel for the
respondents has placed reliance upon the
following authorities:-

(i) Secretary, Jaipur Development
Authority Vs. Daulat Mal Jain11;
(ii) State (NCT of Delhi) Vs. Union
of India12;
(iii) Common Cause Vs. Union of
India13;
(iv) Institute of Law, Chandigarh
Vs. Neeraj Sharma14;
(v) Ram & Shyam Co. Vs. State of
Haryana15;
(vi) Satluj Jal Vidyut Nigam Vs.
Raj Kumar Rajinder Singh16;
(vii) K.D. Sharma Vs. Sail17;
(viii)
Satyan
Vs.
Deputy
Commissioner and others18;
(ix) State of U.P. Vs. Sudhir Kumar
Singh19;
(x)
Bishambhar
Prasad
Arfat
Petrochemicals20;
(xi) Gadde Venkateswara Rao Vs.
Govt. of A.P.21;
(xii) M.C. Mehta Vs. Union of
India22; and
(xiii) 63 Moons Technologies Ltd.
(Formerly
Known
as
Financial
Technologies India
Limited) and othersVs. Union of
India23.

THE ISSUES
1458 INDIAN LAW REPORTS ALLAHABAD SERIES
19. From perusal of pleadings of
the parties, documents annexed to various
affidavits as well as the record produced
before this Court and after hearing learned
counsel for parties at length, following
broad issues emerge for consideration of
this Court and discussion on the same
would cover all the contentions raised by
the respective parties:-

(i) Whether the initial grant made
by the previous Government in favour of
the Petitioner-Trust was void ab initio?
(ii) Whether there was violation of
principles of natural justice as would render
the impugned decision(s) of the present
State Government a nullity ?
(iii) Whether discretionary and
equitable jurisdiction of High Court under
Article 226 of the Constitution of India
should be exercised in the facts and
circumstances of the instant case ?

PRODUCTION AND PERUSAL
OF THE ORIGINAL RECORD

20.

During
the
course
of
arguments,
the
original
record
was
produced before the Court on 08.12.2023.
By the order dated 08.12.2023, we
permitted Sri Amit Saxena, learned Senior
Counsel for the petitioner, along with his
assisting counsel, to peruse the record and
take notes, if needed. Learned counsel for
both sides were given full opportunity to
refer to the original record during the
course of hearing. With the assistance of
learned counsel for both the sides, the
Court noted certain aspects from the
original record, which will be referred to
while analysing the arguments.

ANALYSIS

Issue No.1
21. The fundamental question is
whether the initial grant made by the
previous Government in favour of the
Petitioner-Trust was void ab initio. It would
be advantageous to first advert to certain
proceedings from the original record and
the counter affidavit.

22. The State Government decided
to establish a Training and Research
Institute at Rampur to provide fillip to
Urdu, Arabi and Farsi languages. For
achieving the said objective, it transferred
1.314 hectare of land of District Jail,
Rampur to Department of Minority Welfare
and Waqf, State of U.P. vide G.O. No.
U.O.-53/22-4-2-2004 August 2004 for
establishment of Training and Research
Institute in the name of Maulana Mohd. Ali
Jauhar Training and Research Institute,
Rampur. A detailed project report was got
prepared setting out the objectives of the
Research Institute. The building of the
Research Institute was got constructed on
the said land in pursuance of G.O. No.
1690/52-2-2005-2(47)/2005,
dated
24.10.2005. The Construction and Design
Services, U.P. Jal Nigam was given the task
of constructing the building of the Research
Institute at an estimated cost of Rs. 9.44
crores. Eighty percent of the work was duly
completed by the Construction Agency. On
1.8.2006, a G.O. was issued creating 21
temporary posts for the Research Institute.
The post of Director of the Research
Institute was conceived to be equivalent to
the post of Professor and was to be filled up
by transfer/deputation by the Department of
Minority Welfare and Waqf, Government of
U.P. Rest of the 20 temporary posts were to
be filled up from Provincial Civil Services,
Economic Statics Wing of the Department
of Planning by deputation/transfer, till
Service Conditions were laid down and
regular appointments were made. Abruptly,
4 All. Executive Committee Maulana Mohd. Ali Jauhar Trust Vs. State of U.P. & Ors.
1459
on 10.12.2012, the then Chief Minister
announced in a public meeting that the
Research Institute would be attached to
Maulana Mohd. Ali Jauhar University. The
decision was communicated vide Mukhya
Mantri Ghoshna dated 9.12.2012. The
original record reveals that on 30.1.2013, the
Section Officer of Minority Welfare and
Waqf Department sent a request to the
Deputy
Secretary
of
the
State
for
creation/sanction of 21 posts in the Research
Institute. Just below the aforesaid noting is a
noting dated 13.02.2013 made by Cabinet
Minister (Minister of Urban Development,
Parliamentary Affairs, Minority Welfare and
Waqf), to the following effect:-

"मा० मंर्त्री जी
(क.) इस समबन्ि में विहदत रिे हक उि
मौिाना मोिममद अिी जौिर िोि संस्र्थान के
बारे में मा० मुख्य मन्र्त्री जी द्वारा मौिममद अिी
जौिर
ट्रस्र्
को
मोिममद
अिी
जौिर
विश्वविद्यािय से समबद्ध करने की घोषणा रामपुर
से की गयी िै। तर्था आिश्यक िै हक दोनो
वबन्दुओं पर एक सार्थ धनणजय िेना चािें।
 ि० मो० आजम"
(मो० आजम खााँ)
मंर्त्री
संसदीय कायज, मुम्स्िम िक्फ, नगर
विकास,
जि समपूधतज, नगरीय रोजगार एिं
गरीबी उन्मूिन,
अलपसंख्यक कलयाण एिं िज,
उत्तर प्रदेि िासन।

23.