Shiv Pratap Singh vs Deputy Registrar, Firms, ...
2014 Latest Caselaw 2324 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MISC. SINGLE No. - 2968 of 2014
 

 
Petitioner :- Shiv Pratap Singh
 
Respondent :- Deputy Registrar, Firms, Societies & Chits Faizabad Region &
 
Counsel for Petitioner :- Amit Dwivedi,Rajit Ram
 
Counsel for Respondent :- C.S.C.,Shailendra Kumar Singh
 

 
Hon'ble Akhtar Husain Khan,J.

In pursuance of the order dated 12.6.2014 application for disposal of interim relief moved by the petitioner has been listed today.

Learned counsel for the petitioner appeared.

Learned standing counsel appeared for opposite parties no. 1 and 2.

Shri S.P. Shukla has filed vakalatnama for opposite party no.3, which is taken on record.

Heard  both parties and perused record.

This writ petition was filed on 14.5.2015 and was listed for hearing on 21.5.2014. On 21.5.2014 none appeared for the petitioner, therefore  22.5.2014 date was fixed. On 22.5.2014 again date was fixed for 23.5.2014. On 23.5.2014 again date was fixed for 26.5.2014. On 26.5.2014 again 27.5.2014 was fixed. On 27.5.2014 again date was fixed for 28.5.2014. Ultimately on 28.5.2014 order was passed to list this writ petition in the month of July 2014 as fresh. 

It is alleged by learned counsel for the petitioner that on the above dates petitioner's counsel could not appear because the advocates were refraining from work.

Learned counsel for the petitioner  submitted that application for interim relief has been moved alongwith writ petition for staying operation of the impugned order   dated 4.3.2014. He further submitted that in pursuance of the impugned order dated 4.3.2014 election of management committee has been declared and  22.6.2014 the date of election has been fixed. Therefore, there is urgency for hearing  application for interim relief in summer vacation.

Learned counsel for the petitioner submitted that in view of Section 25 of Societies Registration Act, 1860 and judgement of Division Bench of this Court rendered  in the case of Committee of Management, Anjuman Kherul Almin Allahganj and another vs. State of U.P. and others reported in (2014) 1 UPLBEC 233, the impugned order passed by opposite party no.2 is beyond jurisdiction and against law. Therefore, application for interim relief should be heard in summer vacation. 

Learned standing counsel as well as learned counsel for opposite party no.3 opposed the application for hearing  on interim relief.

I have considered submissions by both parties.

In view  of submission made by learned counsel for the petitioner  there appears urgency for hearing the application  for interim relief. Hence  application for  hearing of interim relief in summer vacation is allowed.

Put up/list  on  19.6.2014 for hearing of application for interim relief.          

Order Date :- 17.6.2014

R.U.