Allahabad High Court
C/M Madarsa Jamiya Warsia ... vs State Of U.P. Thru. Prin. Secy. ... on 12 September, 2022
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- WRIT - C No. - 6201 of 2022
Petitioner :- C/M Madarsa Jamiya Warsia Quraishia Syed-Ul-Uloom Thru. Manager Salma Khatoon @Salma Begum And Anr.
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Institutional Finance, Lko. And 2 Others
Counsel for Petitioner :- Ghulam Mohammad Kamil
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Present petition has been filed with the following reliefs:
"i. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18.5.2022 passed by the opposite party no.2, as contained in Annexure No.1 to this writ petition.
ii. issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to take appropriate decision on the application dated 4.7.2022 (Annexure No.11 to the writ petition) moved byt he petitioner no.2 for recall/cancellation of the impugned order dated 18.5.2022 (Annexure No.1 to the writ petition), within a time specified by this Hon'ble Court.)
........ "
Contention of learned counsel for the petitioner is that the list of members given by the petitioner was accepted by an order and subsequently on an application moved at the behest of respondent no.3 without proper service of notice the list as submitted by respondent no.3 has been accepted.
It has been specifically stated that the service on the petitioner was obtained through collusion by respondent no.3. The petitioner moved an application for recall of the order dated 18.5.2022 contained on Annexure - 11, however, no decision has been taken thereupon. He further submits that although there is no power to substantive review vested in the Deputy Registrar under the scheme of the Act, however, procedural review is implicit in all the authorities and as there was procedural error in service of notice and the order dated 18.5.2022 was obtained by fraud, the review would lie for which an application has already been moved.
Learned counsel places reliance on the judgment Grindlays Bank Ltd. v. Central Government Industrial Tribunal and Ors.; 1980 (Supp) SCC 420.
Considering the fact that the application is already pending for recall of the order dated 18.5.2022, the present petition is disposed off directing the Deputy Registrar, Firms Societies and Chits, Ayodhya Mandal, Ayodhya to hear and decide the recall application filed by the petitioner seeking recall of the order dated 18.5.2022 in accordance with law after hearing respondent no.3 also within a period of four weeks from the date of production of the copy of this order.
It is made clear that after the decision is taken, the petitioner would be at liberty to challenge both the orders in case advised to do so.
Order Date :- 12.9.2022
nishant
