Allahabad High Court
Pawan Kumar Bishnoi And 6 Others vs State Of U.P. And 6 Others on 12 July, 2022
Bench: Surya Prakash Kesarwani, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 3
Case :- CIVIL MISC REVIEW APPLICATION No. - 270 of 2022
Applicant :- Pawan Kumar Bishnoi And 6 Others
Opposite Party :- State Of U.P. And 6 Others
Counsel for Applicant :- Shiv Kant Pandey
Counsel for Opposite Party :- C.S.C.,Tejasvi Misra
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Jayant Banerji,J.
Heard Sri Shiv Kant Pandey, learned counsel for the applicant/appellant, Sri Tejasvi Misra, learned counsel for the respondent nos. 4,5 and 6 and the learned Standing Counsel for the State-repondents.
A Writ-C No. 5960 of 2022 was filed by the applicant herein which was dismissed by the learned Single Judge vide order dated 24.3.2022, as under:
"Heard Sri Shiv Kant Pandey, learned counsel for the petitioner and Sri R.K.Ojha, learned Senior Advocate assisted by Sri Tejasvi Misra, learned counsel for the respondent.
A preliminary objection has been raised regarding maintainability of this writ petition at the instance of the petitioner 1 to 7 on the ground that while petitioner no. 1,2,4,5,6 and 7 were not complainant before Assistant Registrar Societies, petitioner no. 3 is not even member of the society.
On a pointed querry being made to the learned counsel for the petitioner as to whether these petitioners were complainant, he has drawn the attention of the Court, in reply, to annexure 11 of the writ petition which was the complaint sent to the Assistant Registrar Societies on 3rd February, 2021. However, this complaint carries signature as complainant of only petitioner no. 3, namely Mr. D.R. Beniwal. The list appended thereafter does not disclose as to how these persons are party to the complaint, moreover the order of Assistant Registrar Societies does not reflect anything at all that there were other complaints than Mr. D.R. Beniwal.
On a pointed querry being made, learned counsel for the petitioner submits that Mr. Pawan Kumar Bishnoi who is petitioner no. 1 had only represented the case of Mr. Beniwal and learned counsel for the petitioner has admitted that Mr. Beniwal is not a member of the registered society.
In such above view of the matter, therefore, preliminary objection raised by learned counsel for the respondent holds merit. A person who is merely a complainant if not even ordinary member of the registered society cannot question the bylaws of the society and so if his complaint has come to be rejected, the only scope is to seek remedy in common law, if so advised.
So far as the other petitioners are concerned, they are not complainant and, therefore, they cannot have cause of action in respect of order passed by Assistant Registrar Societies dated 25th March, 2021 on complaint made by petitioner no. 3.
In such above view of the matter, the petitioners are non suited for locus standi and petition is accordingly consigned to records."
Aggrieved with the aforesaid judgement and order, passed by the learned Single Judge, the applicant herein had filed a Special Appeal No. 317 of 2022 which was dismissed by this Court by order dated 29.4.2022, as under:-
"Heard learned counsel for the appellants/petitioners, learned standing counsel for the State respondents, Sri Tejasvi Misra, learned counsel for the respondent nos.4, 5 & 6.
This Special Appeal has been filed praying to set aside the judgment dated 24.03.2022, passed by the learned Single Judge in Writ C No. 5960 of 2022 (Pawan Kumar Bishnoi & others Vs. State of U.P. & Others).
In the impugned judgment the learned Single Judge has recorded a finding that petitioner No.3 i.e. appellant no.3 herein who was the complainant is not a member of the society and rest of the petitioners/appellants herein have been held to be not the complainant, after perusal of the complaint filed as Annexure 11 to the writ petition.
We have perused the impugned judgment and we do not find any illegality in it. Finding has been recorded by the learned Single Judge after going through the records of the writ petition.
We have also perused the complaint and we find that the complaint was made by the appellant no.3 herein/petitioner no.3. It has also been admitted before us that he is not a member of the society.
For the reasons aforestated, we do not find any illegality in the impugned judgment. Consequently, the Special Appeal fails and is hereby dismissed."
We have perused the complaint dated 3.2.2021 and we find that it was filed by the applicant no.3 i.e. D.R. Beniwal and it bears only his signature. In the order dated 25.3.2021 passed by the Assistant Registrar, Firms Societies and Chits, Moradabad which was impugned in the writ petition, a finding of fact has been recorded that the complainant, i.e. D.R. Beniwal is not a member of the Society "Bharat Varshiya Bishnoi Mahasabha, Bishnoi Dharamshala, Krishnapuri Linepar, District Moradabad".
In view of the aforesaid, no ground has been made out by the applicant for review of the impugned order dated 29.4.2022 passed in Special Appeal No. 317 of 2022, therefore, the review application is rejected.
Order Date :- 12.7.2022
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