Allahabad High Court
Arya Pratinidhi Sabha U.P. ... vs Dr. Dheeraj Singh And 5 Ors. on 1 July, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- SPECIAL APPEAL No. - 217 of 2021
Appellant :- Arya Pratinidhi Sabha U.P. Lucknow Thru Secy. Pankaj Jaiswal
Respondent :- Dr. Dheeraj Singh And 5 Ors.
Counsel for Appellant :- Atul Kumar Dwivedi,Lalta Prasad Misra
Counsel for Respondent :- C.S.C.,Gaurav Mehrotra
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
The case is taken up through Video Conferencing.
Heard Dr. L.P. Misrha, learned counsel for the appellant as well as Mr. Gaurav Mehrotra, learned counsel appearing on behalf of respondent no.1 and learned Standing Counsel appearing on behalf of respondents no.2 and 3.
For the order proposed to be passed, we do not find it necessary to issue notices to respondents no.4, 5 and 6, as such, notices to them are hereby dispensed.
This intra court appeal has been filed challenging the judgment and order dated 7.6.2021, passed by learned Single Judge in Writ Petition No.9735 (MS) of 2020; Dr. Dheeraj Singh Vs. State of U.P. and others, whereby the writ petition preferred by respondent no.1/Dr. Dheeraj Singh has been allowed and the connected Writ Petition No.4515 (MS) of 2020; Arya Pratinidhi Sabha U.P. through Pradhan Devendra Pal Verma and another Vs. State of U.P. and others has been dismissed.
Dr. L.P. Mishra, learned counsel appearing on behalf of the appellant-respondent has argued at length that the respondent no.1/Dheeraj Singh was removed from Arya Samaj, Baldev Ashram, Khurja on 1.2.2020. The issue of removal of Dheeraj Singh was not before the learned Single Judge, however, the learned Single Judge while passing the impugned judgment has made prima-facie findings with regard to competence of Prantiya Nyay Sabha which had removed respondent no.1/Dheeraj Singh. It is also argued that the election of executive body of Arya Pratinidhi Sabha was held on 21.03.2021 and the list of the Committee of Management was registered on 26.03.2021 which was also not under challenge in the writ petition, as such, learned Single Judge has committed manifest error in quashing the list of members submitted by Vishal Singh on 19.03.2021.
Mr. Gaurav Mehrotra, learned counsel appearing on behalf of respondent no.1 has taken the Court to the judgment under challenge, particularly paragraph 117 to point out that the matter has been remitted by learned Single Judge to the Deputy Registrar with a direction that Deputy Registrar shall after affording full opportunity of hearing to the parties concerned, shall reconsider the entire matter in the light of the observations made in the order, which may not be taken as an expression on merit of the case and on the basis of material on record decide the matter afresh on merit by passing a reasoned and speaking order, strictly in accordance with law, preferably within four months from the date an authenticated copy of the judgment is placed before the authority concerned.
We have considered the submissions made by parties' counsel and gone through the records.
We are of the considered view that once the matter has been remitted to the Deputy Registrar with a direction to decide the issue in question, giving full opportunity of hearing to the parties in a time bound manner, no prejudice would be caused to any of the parties.
Dr. L.P. Mishra, learned counsel appearing on behalf of the appellant, at this stage, submits that he has no objection in case Deputy Registrar decides the issues in question, however, he shall not be influenced by the observations made by learned Single Judge.
Mr. Gaurav Mehrotra, learned counsel appearing on behalf of respondent no.1 submits that he also has no objection in this regard and the Deputy Registrar may be directed to decide the matter afresh, giving opportunity of hearing to the parties concerned in a time bound manner as directed by learned Single Judge.
In this view of the matter, with the consent of parties' counsel, this special appeal is disposed of at the admission stage with a direction to the Deputy Registrar to pass a fresh order in accordance with law by giving reasons and after affording full opportunity of hearing to the parties concerned. He shall not be influenced in any manner by any observation made by learned Single Judge or by this Court. The Deputy Registrar shall make an endeavour to pass a fresh order within a period of four months from today. The Deputy Registrar shall consider all the issues as may be placed before him or are relevant to decide the controversy in question. The parties are at liberty to raise all the issues relating to the controversy raised in the writ petition before the Deputy Registrar.
.
[Dinesh Kumar Singh, J.] [Ritu Raj Awasthi, J.]
Order Date :- 1.7.2021
Ram.
