Muslim Academy vs State Of U.P. And Others
2011 Latest Caselaw 2643 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- WRIT - C No. - 34919 of 2011
 
Petitioner :- Muslim Academy
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- K. Shahi
 
Respondent Counsel :- C.S.C.,M.A. Khan
 
Hon'ble V.K. Shukla,J.

Learned standing counsel has accepted notice on behalf of respondent Nos. 1, 2 and 3. Sri M.A. Khan, Advocate, has entered appearance on behalf of respondent Nos. 4, 5 and 6. Issue notice to respondent Nos.7 to 24.

Each one of the respondents is accorded six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks. List thereafter.

It has been contended on behalf of the petitioner that earlier matter had travelled up to this Court when order under Section 25 of the Societies Registration Act was passed by the Prescribed Authority pursuant to order passed in Special Appeal NO.558 of 2008. Said order in question had been subject matter of challenge and therein writ petition filed by Abdul Kaish Khan had been dismissed, as this Court had refused to interfere with the disputed questions of facts. Thereafter, it is reflected from the order passed in writ petition 59547 of 2010 that repeated reference was being made without disclosing the fact as to whether said Abdul Kaish Khan had any authority to raise such issues, this Court by order dated 28.09.2010 proceeded to pass an order staying further proceedings in references.

Petitioner's contention is that while said issues are pending and engaging attention of this Court, on 13.03.2011 again proceedings have been filed before the Prescribed Authority without getting the matter decided by the civil court as to whether Abdul Kaish Khan is valid primary member of the general body of the society or not. Since this Court in writ petition No.59547 of 2010 has already stayed the proceedings in the earlier reference, as such keeping in view the fact that Special Appeal No.257 of 2010 is still pending, wherein this Court vide order dated 25.02.2010 has been pleased to stay the effect and operation of order of learned Single Judge dated 16.02.2010 passed in writ petition No.7613 of 2010 as well as the order of the Assistant Registrar dated 19.01.2010, and in order to avoid multiplicity of the proceedings, further proceedings pending before the Prescribed Authority is directed to be kept in abeyance til the next date of listing.

In view of series of earlier litigation, keeping in view the finding recorded therein, respondent Nos.6 to 23 should specifically state as to in what way and manner, they are claiming themsleves as members of the society.

Order Date :- 11.7.2011

SRY