Allahabad High Court
Ravindra Kumar Tomar And Another vs State Of U.P. And 4 Others on 1 August, 2019
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 54
Case :- WRIT - C No. - 25243 of 2019
Petitioner :- Ravindra Kumar Tomar And Another
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Sourabh Pathak,Varun Kumar Srivastava
Counsel for Respondent :- C.S.C.,Alka Srivastava,Santosh Kumar Srivastava
Hon'ble Ajit Kumar,J.
Heard Sri Sourabh Pathak, learned counsel for the petitioners, Sri Santosh Kumar Srivastava, learned counsel for the contesting respondent Nos. 4 and 5 and learned Standing Counsel for the State-respondents.
This writ petition is directed against two orders passed by the Deputy Registrar, Firm, Chit and Societies, Meerut dated 17th May, 2019 corrected on 25th May, 2019 and the order dated 18th June, 2019.
It transpires from the record that the Deputy Registrar Societies was not only dealing with the renewal of the registration of the society but was also dealing with the registration of list of office-bearers of the society.
From the bare perusal of the first order impugned dated 17th May, 2019 it reveals that the Deputy Registrar Societies while holding the papers filed by the contesting respondents to be valid one proceeded to renew the registration of the society. To this extent, in the considered opinion of the Court, the order does not require any interference as the renewal granted to the registration of the society is in the interest of the society and the parties setting up their rival claims work under the umbrella of the same society. However, I find that so far the second order is concerned dated 18th June, 2019 it is basically based upon the first impugned order the the Deputy Registrar, Societies as has proceeded to register the list of office-bearers virtually holding the Committee of Management and the claims set up by the contesting respondents to be valid one.
This Court fails to understand as to how the Deputy Registrar has proceeded to rely upon the findings returned in the order dated 17th May, 2019, wherein he has only summarily disposed of the matter. It is well settled principle of law that in the matter of administrative inquiry or/ and administrative decision making, the authority is required to adjudicate the issues raised. The basic principle of justice is that when an objection is raised the claim has to be dealt with. Points of determination have to be framed and ultimately findings have to be returned but I find that both these aspects of the matter are quite lacking in the order passed by the Deputy Registrar, Societies.
At this stage, learned counsel for the contesting respondents submits that the matter can be remitted to the Deputy Registrar, Societies, Meerut to decide afresh after giving full opportunity of hearing to the parties.
In view of the above, while I uphold the order dated 17th May, 2019 to the extent it grants renewal to the registration of the society but so far the findings returned in favour of the contesting respondents under the order impugned are concerned that I hereby set aside and so also the order dated 18th June, 2019 based upon such findings is hereby quashed.
As the parties agree and record their concession for remitting the matter to the Deputy Registrar Societies for decision afresh, the matter is remitted to the Deputy Registrar Societies, Meerut to decide afresh the objections of the parties and their claims.
It is further made clear that if the Deputy Registrar, Societies, Meerut finds that there is a serious dispute of office bearers of the society and has the traces of adjudication which requires to be done by the prescribed authority under Section 25(1) of the Societies Registration Act, 1860 he will necessarily refer the matter to the prescribed authority.
In any event, the proceedings shall be concluded by the Deputy Registrar Societies within a period of three months from the date of production of certified copy of this order.
With the aforesaid observations and directions, the writ petition stands disposed of.
Order Date :- 1.8.2019
Atmesh
