Allahabad High Court
C/M Goverdhan Rai Uchchattar ... vs State Of U.P. And 3 Others on 2 March, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT - C No. - 7327 of 2023
Petitioner :- C/M Goverdhan Rai Uchchattar Madhyamik Vidyalaya And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Rakesh Kumar
Counsel for Respondent :- CSC
Hon'ble Prakash Padia,J.
The petitioners have preferred the present writ petition with the following prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to conduct an enquiry with regard to misplacement of undisputed list of members of general body of society for the year 1995-96 Ebefore passing any final order in compliance of the judgment and order dated 22.2.2019 (Annexure No. 10 to this writ petition) passed in Writ-C No. 4956 of 2022.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to consider and pass appropriate order on the application/representation dated 251.2023 moved by the petitioner before passing any final order in compliance of the order dated 22.2.2019 (Annexure No. 10 to this writ petition) passed in Writ-C No. 4956 of 2022."
It is argued by learned counsel for the petitioner that earlier in Writ C No.4956 of 2017 (C/M Goverdhan Rai Uchchattar Madhyamik Vidyalaya And Another Vs. State of U.P. and others) was filed by the private respondents which was finally allowed by a Co-ordinate Bench of this Court vide its order dated 22.02.2019.The relevant portion of the order is reproduced below:-
"In the light of the above the order dated 14.11.2018 passed by the respondent no. 2 is arbitrary, illegal and cannot stand. The impugned order dated 14.11.2018 passed by Assistant Registrar, Firms, Societies and Chits, Varanasi is quashed. The matter is remitted to respondent no. 2. A writ of mandamus is issued commanding respondent no. 2 to execute the following directions.
(i) The Assistant Registrar, Firms, Societies and Chits, Varanasi, will consider the consequence of the order dated 03.09.2009, passed by this Court in Writ-C No. 38394 of 1999 (Committee of Management and Another Vs The Registrar, Firms, Societies and Chits and others).
(ii) The Assistant Registrar, Firms, Societies and Chits, Varanasi, shall also consider whether the Assistant Registrar has the power to review the orders of registration of the committee of management on the foot of elections held from time to time from the year 2011 under the Societies Registration Act. Likewise the Assistant Registrar, Firms, Societies and Chits, Varanasi shall also decide whether he has the power to review orders granting renewal to the society under the Societies Registration Act.
(iii) The petitioner also undertakes to submit all the relevant documents to support his claim and other relevant documents which may be demanded by the Assistant Registrar.
(iv) The parties shall exchange their pleadings and documents before the Assistant Registrar, Firms, Societies and Chits,Varanasi on 05.03.2019. The Assistant Registrar shall record a finding that the pleadings and documents proposed to be relied upon by the respective parties are served upon their respective adversaries.
(v) The Assistant Registrar, Firms, Societies and Chits, Varanasi shall give an opportunity of hearing to all the parties and pass a reasoned and speaking order on all issues including the issues cited above.
(vi) The exercise shall be completed by the Assistant Registrar, Firms, Societies and Chits, Varanasi, preferably within a period of three months from the date of receipt of a certified copy of this order.
The writ petition is partly allowed."
It is stated in paragraph 43 of the writ petition that during the course of hearing on various dates, the petitioner no.2 perused the original record itself in which it is found that the list of members of general body of the society of the year 1995-96 has been removed from the record of the Assistant Registrar. After going through the same, a representation has been made by him before the respondent No.2 on 25.01.2023. In view of the aforesaid, it is argued that the grievance of the petitioners should also be decided by the respondent No.2 while deciding the matter pursuant to the directions given by this Court in the case of C/M Goverdhan Rai Uchchattar Madhyamik Vidyalaya (supra) which has already been quoted above.
Learned Standing Counsel has no objection to the same.
Heard learned counsel for the parties and perused the record.
With the consent of learned counsel for the parties, the present writ petition is disposed of directing the respondent No.2 to consider the grievance of petitioners as has been raised by them vide their representation dated 25.01.2023, copy of which is appended as Annexure No.13 to the writ petition while decide the matter as per direction given by this Court in the case of C/M Goverdhan Rai Uchchattar Madhyamik Vidyalaya (supra).
Order Date :- 2.3.2023/saqlain
