C/M Sri Janata Prasar Samiti And ... vs State Of U.P. And Others
2011 Latest Caselaw 3235 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - C No. - 42027 of 2011
 

 
Petitioner :- C/M Sri Janata Prasar Samiti And Another
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Yogish Kumar Saxena
 
Respondent Counsel :- C.S.C.,H.N. Singh
 

 
Hon'ble V.K. Shukla,J.

Learned standing counsel has accepted notice on behalf of respondent Nos.1,2 and 3. Sri H.N.  Singh, Advocate has entered appearance on behalf of respondent No.4.

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

List thereafter along with record of writ petition No.70071 of 2009, showing the names of respective counsel along with cause title.

In the present case, record so appended reflects that against the order dated 06.11.2009 passed by Deputy Registrar, Firms, Societies and Chits, writ petition No.70071 of 2009 had been filed, wherein this Court on 22.12.2009 while inviting counter affidavit, directed the parties to maintain status-quo with regard to management of the affairs of the society in question. It appears that thereafter Avinindra Kumar Singh made second attempt by approaching this Court through writ petition No.62173 of 2010 with the request that directives be issued for deciding his application under Section 12-D of the Societies Registration Act with regard to amendment of bylaw. This writ petition was dismissed by this Court vide order dated 11.10.2010. It appears that in spite of the fact that against the said order, prima facie, no appeal under Section 12-D was maintainable, an appeal was filed before the Commissioner, and the Commissioner even proceeded to allow the appeal. It has been contended that once matter was pending before this Court, the Commissioner ought to have kept his hands off, and thus the order passed by the Commissioner is totally without jurisdiction.

Prima facie, the argument advanced appears to have substance and requires consideration by this Court, as such till the next date of listing operation of the order dated 24.05.2011 passed by the Commissioner is directed to be kept in abeyance.

Order Date :- 28.7.2011

SRY