Board Of Trustees Shri Jawahar Lal ... vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 15112 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 7580 of 2022
 

 
Petitioner :- Board Of Trustees Shri Jawahar Lal Nehru Vidyalaya,Bbk.Thru. Trustee Narendra Kumar Shukla And Anr.
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Finance Deptt. Lko. And Others
 
Counsel for Petitioner :- Akshat Kumar,Sanjay Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Rahul Shukla
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner, learned Standing Counsel for the State and Shri Savitra Vardhan Singh, learned counsel holding brief of Shri Rahul Shukla, learned counsel for respondent no.5.

Present petition has been filed challenging the order dated 1.9.2021 whereby the renewal of the society has been done for a term of 5 years.

Contention of learned counsel for the petitioners is that the society was converted into trust and thus, no order could have been passed for renewal of the society. He places reliance on the judgment of this Court dated 8.12.2020 passed in Writ - C No.19885 of 2020.

Learned Standing Counsel states that against the order passed under Section 3A of the Societies Registration Act, an appeal is prescribed before the Commissioner.

In view of the above, the petitioner is directed to file an appeal in terms of the amended Societies Registration Act before the Commissioner within two weeks from today.

In case the appeal is filed within the prescribed period, the same shall be decided on merits without going into the question of limitation and while deciding the appeal, the appellate authority shall consider the judgment of this Court passed in Writ - C No.19885 of 2020 (supra).

The petition is accordingly disposed off.

Order Date :- 21.10.2022

nishant